Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302(b) & 324 --------- Qatl-i-amd, attempt to commit qatl-i-amd --------- Appreciation of evidence --------- Sentence, reduction in --------- Statements of the complainant and injured prosecution witness regarding involvement of accused for commission of murder of the deceased and injury to the prosecution witness, were consistent and confidence inspiring --------- Defence, had failed to contradict the stance of said witnesses, or bring on the record any other material favourable to accused --------- Presence of said witnesses at the spot had not been denied --------- No material contradiction in the statements of said witnesses had been pointed out --------- Some minor discrepancies in the statements of said witnesses, being casual in nature, could not be taken into account --------- No previous enmity or grudge of the witnesses with accused, having been established on the record, their inter se relationship, would not discard their testimony, which otherwise was trustworthy and confidence inspiring --------- Motive alleged in the complaint, remained un-established and un-proved --------- Variation in ocular account with regard to injury sustained by the deceased and medical evidence would not adversely affect the prosecution case, because the witnesses, were not supposed to give photographic picture of the injuries --------- No empty having been collected from the spot, alleged recovery of pistol at the instance of accused had not given much benefit to the prosecution, due to lack of comparison --------- Findings of the Trial Court, in the impugned , resulting in conviction of accused for commission of offence under S.302(b), P.P.C., were quite justified --------- Conviction and sentence awarded to accused in the charge under S.324, P.P.C., being call of the day were maintained --------- Deceased, sustained only one fire shot injury at the hands of accused and motive remained unestablished --------- Said facts, were sufficient to give premium to accused in quantum of sentence --------- Accused was entitled to benefit of doubt as an extenuating circumstance, while deciding question of quantum his sentence as…

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