Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Prosecution witnesses and the injured complainant, had close relationship with each other, and also with the deceased; keeping in view their blood relation inter se, their status could not be excluded from the category of interested witnesses---FIR had been lodged after preliminary inquiry and consultation, which had lost its evidentiary value---FIR, which was not recorded at Police Station, would suffer from inherent doubts---Eye-witnesses had made certain dishonest improvements just to fill up the lacuna left in the prosecution case, and to bring in conformity the prosecution story with other evidence collected during investigation---Such improvements, once found to be deliberate and dishonest, cast serious doubt on the veracity of the witnesses, making their testimony unreliable---Site plan had negated the version of prosecution witness---Witnesses, who had furnished the ocular account, were not consistent with each other on material aspects of the case---Contradictions inter se were noticed in the statements of the witnesses, right from the moment of incident till their arrival in the hospital and lodging report---Story furnished by both the prosecution witnesses, ran contrary to each other, which being doubtful would be fatal for the prosecution case---Conviction must be based on unimpeachable evidence; and any doubt that would arise in the prosecution case, must be resolved in favour of accused---No doubt, substitution of innocent person, where single accused was named in a murder case, was a rare phenomenon, however, that would depend from case to case---In the present case, occurrence had not taken place in the mode and manner as narrated by the complainant---Eye-witness account, was not in consonance with FIR and statement of the complainant, who had not given number of fire shots made by accused---Complainant, no doubt, had sustained firearm injury, but injuries on the person of an eye-witness, would not raise any presumption that whatever he was telling, was the truth---Evidence, in the shape of recovery of crime empties from the place of accused, in absence of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492