Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Incident took place in the daylight at 4.00 p.m. and FIR was lodged at 5.00 a.m. on the same day---Fact remained that complainant had taken the deceased in injured condition to hospital, where the deceased succumbed to injuries---After the death of deceased, it was made possible for complainant to come at the police station and lodged the FIR---Said factors happened within the span of one hour when the police station was at a distance of half kilometer---Circumstances established that FIR was lodged promptly and not with undue delay, it could not be conceived that that the complainant could have managed to fabricate a false story of incident to implicate the accused wrongly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account corroborated by medical evidence---Prosecution case was that the accused party armed with deadly weapons assaulted on the brother of complainant and injured him---Victim was taken to hospital in injured condition but he succumbed to the injuries---Ocular account was furnished by two witnesses including complainant---Said eye-witnesses deposed consistently that the accused persons caused the death of the deceased as alleged against them---Complainant was younger brother of the deceased and his presence at the place of incident could not be said to be unnatural---Evidence of said witnesses appeared to be straight-forward and fair---Medical evidence corroborated the ocular evidence of said two witnesses on point of injuries found on the body of the deceased---Prosecution witness was declared hostile during the course of his examination---Said witness, in his cross-examination, stated that it was correct to suggest that after taking money from the accused, he patched up with the accused persons and decided not be a witness against the accused persons---Fact remained that said hostile witness in his statement recorded under S. 164 before the Judicial Magistrate had involved the accused persons in commission of the offence---When the other two…

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