Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Accused was charged for committing murder of the husband of complainant by firing---Record showed that wife of the deceased/complainant was eye-witness of the case and during investigation they were booked as the accused---No one had come forward to furnish the ocular account of the incident, thus, it was an unseen occurrence---Prosecution case was full of contradictions and manner and mode of occurrence was highly doubtful and the evidence produced in support of its case was not confidence inspiring---Appeal against acquittal was dismissed, in circumstances. (b) Criminal trial-- ----Circumstantial evidence---Scope---Prosecution must ensure, that the circumstances from which the inference of guilt was sought to be drawn must be cogently and firmly established---Circumstances must unerringly point towards the guilt of the accused and when taken cumulatively, they should form a chain so completed that it must demonstrate in all probabilities that the crime was committed by the accused. (c) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Appeal against acquittal---Confession, recording of---Infirmities---Effect---Accused was charged for committing murder of the husband of complainant by firing---Record showed that wife of the deceased/complainant became eye-witness of the case and during investigation she was also booked as accused---Accused persons were produced before the Judicial Magistrate for recording statements under S.164, Cr.P.C. whereby the accused was given an opportunity to cross-examine the co-accused persons---Accused was produced before Judicial Magistrate for recording his statement under S.164 Cr.P.C., whereafter the statement of said accused was recorded and issued certificates---Neither the Judicial Magistrate called on the said date the co-accused persons nor gave them any opportunity for cross-examination while recording statement of accused under S.164, Cr.P.C.---When co-accused was produced before the Judicial Magistrate, the Judicial Magistrate did not record her statement and notice was issued to…

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