Law:

Section:

Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-i-amd---.---Appreciation of evidence---.---Sentence, reduction in---.---Promptness in lodging FIR, had excluded impression of deliberation and consultation---.---Case of single accused, where real daughter, appeared as eye-witness against her father/accused---.---Parties to the case being known to each other, being relatives, mis-identification of accused, was out of question---.---Contradiction between the statement of the complainant and prosecution witnesses, regarding time of the arrival of the witnesses, at the spot, made their presence, and intrinsic value of their evidence, highly doubtful---.---Presence of the prosecution witness, who was real daughter of the deceased as well as accused, in the house of occurrence at the relevant time, was natural---.---Defence plea, that at relevant time, accused had gone to offer Fajar prayer and was present in the Mosque, when unknown person entered in the house of the deceased for purpose of dacoity; and on resistance murdered the deceased was not taken by accused while making statement under S.342, Cr.P.C.---.---Accused could not produce any one from the resident of the locality in support of his defence plea, which also was not corroborated by medical evidence---.---Real daughter of accused, was not expected to exonerate real culprit; and through substitution would involve accused, her real father---.---Evidence of said witness was coherent and confidence inspiring which was fully corroborated by medical evidence---.---Recovery of "Churri" on the pointation of accused, being not believable, was brushed aside---.---Motive in the case was shrouded in mystery---.---Prosecution by producing confidence inspiring, trustworthy and sure footed evidence, was able to discharge onus of commission of qatl-i-amd of deceased, beyond any shadow of doubt---.---Recovery of "Churri" was not corroborating piece of evidence in the case---.---As to what was the real cause of occurrence; and what happened immediately before occurrence; which resulted into the assassination of an innocent lady was not determinable---.--- Death sentence awarded to accused by the Trial Court was…

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