Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Accused was charged for the murder of his wife, sister of the complainant by inflicting axe blows on abdomen and different parts of her body---Victim lady succumbed to the injuries on the spot---Motive behind the occurrence was that deceased had inherited a plot and the accused intended to sell and usurp the amount and on refusal, accused committed her murder---Ocular account was furnished by complainant/brother and sister of the deceased---Complainant narrated the same version as alleged in the FIR---Eye-witness/sister of deceased deposed in line with complainant on all material particulars---Said witness resided in the house where occurrence had taken place and her presence at the time and place of occurrence could not be doubted---Eye-witness had corroborated each and every limb of the evidence adduced by complainant against the accused---Accused was real brother of husband of eye-witness and the marriage was still intact---Though both the witnesses were closely related to the deceased but they were not inimical to the accused and could not be termed as interested witnesses, which fact alone could not be taken as a tool to disbelieve their deposition---Said witnesses being closely related to the accused as well as the deceased would not substitute the accused with the real culprits---Nothing was available on record to show previous enmity or some other facts to show that accused was falsely involved in the case---Record showed that accused was nominated in a prompt FIR with specific role of causing injuries on the person of deceased, which excluded all the deliberations, consultations and fabrications to falsely involve the accused in the case---Case was that of a single accused and in such like cases substitution was a real phenomenon---Ocular account furnished by both the witnesses was quite natural, consistent and in line with each other---Both the eye-witnesses stood firm to the test of cross-examination and being present at the place of occurrence, as such their testimony was confidence inspiring and was reliable to maintain conviction against the accused---Appeal…

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