Law:

Section:

Penal Code (XLV of 1860)---- ----S. 302(b)----Qatl-i-amd--- Appreciation of evidence---Incident in question had been reported for registration of the FIR after inordinate delay of about thirteen hours---Explanation for said delay offered by the complainant, that he remained busy in the treatment of his critically wounded wife, was not plausible, as the police station was a few minute drive away from the place of occurrence---Present case, being a police case, phone call by the women medical officer to the SHO of the police station (for reporting the case) would have been enough---Complainant party, who had history of involvement in criminal cases, had taken time to hold long session of consultation and deliberation before reporting the case to the police---Complainant, being the husband of the deceased, and the other eye-witness, being the Phuphizad of the complainant, were related witnesses---Said witnesses being interested witnesses, lacked the qualification of being the independent witnesses---Complainant had admitted to be the accused of the FIR's lodged against him by present accused---Eye-witnesses alleged to have taken refuge behind certain raised structures at the place of occurrence at the time of firing by the accused person; however, the Investigation Officer could not find any such structures built at the spot on his first visit at the place of occurrence---Eye-witnesses had given different number of bullets fired by the accused---Prosecution had given up one of the eye-witnesses, who could render necessary corroboration to the contention of the complainant---Women Medical Officer had not independently mentioned the external injuries on the dead body of the deceased and merely referred to the Medico-Legal Report (previously prepared) in that regard, in the Post Mortem Report---One of the injuries, alleged by the eye-witnesses, did not exist on the body of the deceased---Women Medical Officer had made clerical mistake while referring to the specific injuries, which she had tried to clarify during trial---Medical evidence therefore, did not lend any corroboration to the prosecution case---Ocular account of the prosecution eye-witnesses was full of…