Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Delay in lodging the crime report was not fatal to the prosecution version---Statement of complainant/father of the deceased, was based upon hearsay, and he had only seen accused at Bus Stop in a perturbed condition, while his clothes were having stains of blood---Prosecution witness, was the sole witness of the occurrence, who at the time of making his testimony was 10 years old---Before recording statement of said witness, his mental capacity to depose before the court was determined by the Trial Court, while putting him as many as eight questions---Trial Court after satisfying with the answers of said witness, recorded his statement---Said witness, while giving minute details of the occurrence remained consistent about the prosecution version, that it was the accused who had assaulted upon the deceased by inflicting number of injuries by hatchet---No single crack was located, which could be of much importance in order to believe, that it would not be safe to rely upon statement of said witness---Medical evidence fully lent support to the prosecution version---Hatchet recovered from accused, was sent to the office of Chemical Examiner/Serologist, who reported that same was stained with human blood---Prosecution version qua recovery of hatchet, was in line with other features of the prosecution witnesses---Complainant, who was father of the deceased, had no ill-will or previous enmity to have substituted accused, who was his brother, in place of real culprits---During course of investigation, accusation, levelled against accused in the crime report, were found correct, and his name was placed in column No.3 of the report prepared under S.173, Cr.P.C.---Weapon 'hatchet', used by accused was as lethal as any firearm---Number as well as locale/seat of injuries on the person of deceased, imprinted the intent of accused and unveiled his reckless conduct, who by inflicting, numerous injuries on the person of the deceased had committed his murder---Normal sentence for culpable homicide amounting to murder, was death---Prosecution witnesses, being not tested on the touchstone of…

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