Law:

Section:

(a) Penal Code (XLV of 1860)---Ss. 302(b), 315 & 316--- Qatl-e-amd, qatl-e-shibh-e-amd---Appreciation of evidence---All the eye-witnesses were cross-examined at length---Defence Counsel, during cross-examination had failed to shake their evidence or to extract anything favourable to accused---Evidence of eye-witnesses was corroborated by the other witnesses and the circumstantial evidence---Investigating Officer was also cross-examined at length, but except few minor contradictions, the defence Counsel had failed to bring on record any adverse/remarkable substance, which could cause dent in the prosecution evidence---Minor contradictions inferred from the cross-examination of Investigating Officer were not fatal to prosecution case---All the prosecution witnesses, though were related inter se; complainant and other witnesses were also close relatives of accused person, but both prosecution witnesses had not concealed anything and spoken truth irrespective of apprehension of adverse consequences of admission---Said witnesses were credible and trustworthy witnesses and their evidence was reliable---Occurrence had taken place at about 10-00 a.m. in broad-daylight---Both accused being relatives of prosecution witnesses, were known to them, there was no question of identifying the accused persons mistakenly---Presence of prosecution witnesses at the time of incident found support from the evidence of Medical Officer---Delay of one and half hour in bringing the injured at hospital, seemed reasonable due to distance of about 15 Kilometers between the hospital and place of incident; and before removing the injured to hospital, some time was consumed in arranging the conveyance---No reason appeared to disbelieve the evidence of prosecution witnesses which was in consonance on each aspect of the case---Evidence of said witnesses being unimpeachable inspired confidence, corroborated by medical and circumstantial evidence---Deceased had died due to head injury, there was possibility that he had sustained injury by falling on the ground---Deceased was proved to have fallen down from bicycle due to lathi injuries caused by accused persons which in ordinary course of…

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