Law:

Section: 302,364

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 364---Qatl-i-amd, kidnapping in order to murder---Appreciation of evidence---Benefit of doubt---Last-seen evidence---Scope---Accused was charged for the murder of brother of complainant---Prosecution case hinged upon the circumstantial evidence comprising last seen evidence furnished by three witnesses---Evidence of last seen initially was furnished by complainant at the time of registration of FIR---Complainant appeared as witness and reiterated the same stance as mentioned in the FIR that deceased while in possession of an amount of Rs. 5,25,000/-, which he received from a person, left in the company of accused---Evidence of complainant was supplemented by two witnesses---Admittedly the person from whom the deceased received the amount of Rs. 5,25,000/- and in whose presence he left in the company of accused was neither produced during the course of investigation nor at the time of trial---Record showed that complainant was not on good terms with the deceased---Both the brothers were previously in a joint business, however, parted their ways on account of dispute arising out of rendition of accounts and over a piece of land---Said fact, coupled with the delay with which, complainant reported the matter to the police, cast doubt about his testimony---If at all, complainant had seen the deceased, while leaving in the company of accused, then why he remained silent for a period of five days---Complainant failed to bring on record any evidence in support of his claim that during this period he had been searching for his slain brother---Complainant did not make any reference to the remaining witnesses of last-seen evidence at the time of registration of the case and recording his statement in the court---None of these witnesses mentioned the exact date when they had seen the deceased and the accused---Testimony of said witnesses showed that they had assigned no reason of their presence at the place, where they had seen the deceased and the accused---Record transpired that the statements of said two witnesses were recorded under S. 161, Cr.P.C. with a delay of about nineteen days of the registration of FIR---Said…

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