Law: Penal Code (XLV of 1860)

Section: 302,34

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Penal Code (XLV of 1860) ---.--- ---.--- -Ss. 302 & 34 ---.--- Qatl-i-amd, common intention ---.--- Appreciation of evidence ---.--- Delay about ten days in lodging FIR ---.--- Complainant had not advanced any plausible justification as to why he kept mum for such a considerable span of time and did not inform the police about missing of deceased ---.--- Inordinate and unexplained delay in reporting the matter to police for lodging FIR cast serious doubt about the veracity of prosecution story ---.--- Conviction and sentence recorded against accused was set aside. (b) Penal Code (XLV of 1860) ---.--- ---.--- -Ss. 302 & 34 ---.--- Criminal Procedure Code (V of 1898), S.161 ---.--- Qatl-i-amd, common intention ---.--- Appreciation of evidence ---.--- Supplementary statement ---.--- Scope ---.--- Supplementary statement got recorded by the complainant immediately after registration of FIR, which was lodged with the delay of ten days ---.--- No reason had been explained for not straightway nominating the accused in the FIR ---.--- Ante-dated supplementary statement recorded at belated stage had no legal value ---.--- Conviction and sentence recorded against accused was set aside accordingly. (c) Penal Code (XLV of 1860)-- ---.--- -Ss. 302 & 34 ---.--- Qatl-i-amd, common intention ---.--- Appreciation of evidence ---.--- Last seen evidence ---.--- Scope ---.--- Prosecution witnesses stated that deceased was seen in the company of accused on the day of occurrence at evening time ---.--- According to the story of FIR, deceased was seen sitting at a tube well along with accused and deceased went towards place "M" after receipt of a mobile call ---.--- Departure of deceased in the company of accused did not qualify proximity of time and space so as to be treated as last seen evidence ---.--- Such fact was alone sufficient to demolish the evidence of last seen ---.--- Prosecution witnesses never tried to inquire from the accused about the missing of deceased ---.--- Prosecution witnesses did not get recorded their statements under S.161 Cr.P.C. before the investigating officer immediately after registration of FIR about such fact ---.--- Evidence of…