Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 55, 57 & 302 (b)---Criminal Procedure Code (V of 1898), S. 382-B---Qatl-i-amd---Appreciation of evidence---Mitigating circumstances--- Sentence, reduction in---Motive, shrouded in mystery---Incident occurred within the area adjacent to village Abadi, in broad daylight---Presence of eye-witnesses, both cultivators by profession at the venue at relevant time was natural and probable---Father of deceased furnished graphic details of incident and successfully withstood test of cross-examination unscathed---Other prosecution witness was in line with father of deceased on all salient features of prosecution case---Two prosecution witnesses could not be blamed to have an axe to grind against accused persons---Case set up in complaint was straightforward, corroborated by medical evidence---Casings secured from the spot were dispatched to Forensic Science Laboratory prior to the arrest of accused persons and the same were found to have been fired from weapons recovered at the instance of accused persons---Acquittal of co-accused did not adversely affect the case of prosecution regarding accused persons as they were not assigned any harm either to deceased or to prosecution witnesses, as they were exonerated during the course of investigation, they had been acquitted out of abundant caution to ensure safe administration of criminal justice---Accused were arrested on 27-9-2009 and convicted on 12-2-2011 and under S. 57, P.P.C., imprisonment for life was to be reckoned as equivalent to 25 years---In case of denial of benefit of S. 382-B, Cr.P.C. to accused, their sentences would remain within the permissible period provided under the law as they still could possibly avail remissions under S. 55, P.P.C.---When two real brothers were brutally murdered, no other than their first cousins; one of them, a brother-in-law as well within the view of their aging father and real sister on petty issue, origin whereof remained shrouded in mystery, through successive fires shots in broad daylight---High Court declined to extend benefit provided under S. 382-B, Cr.P.C. and converted sentence of death into imprisonment for life---Appeal was…

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