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---Benefit of doubt---Accused was charged for committing murder of the brother of complainant by inflicting knife blows---Record transpired that no one came forward to furnish ocular evidence of the incident---No direct evidence available on record against the accused---Witness stated that he had seen a person lying in injured condition in a pool of blood in the guest room of accused---Witness and accused tried to take the injured to hospital on motorcycle but due to his serious condition, they could not take him to hospital on motorcycle---Later, they took the injured in the vehicle of a Thanedar/witness to hospital---Statement of said witness was further corroborated by Thanedar/witness---Statements of said two witnesses showed that the accused was the person who informed the witness about the injuries of the deceased and shifted the deceased to hospital in injured condition---Question, in circumstances, arose that if the crime was committed by the accused and the intention was to murder the deceased then why did he (accused) called witness to help him to take the deceased to the hospital---Not believeable that the accused first inflicted life threatening severe knife blows on the person of the deceased that too in his own guestroom and thereafter called his neighbour to take him/injured to hospital in order to save his life---Accused was not only trying hard to take the deceased to hospital but he managed to take the deceased in injured condition to hospital with Thanedar and others and above all remained at the hospital without any fear of being involved in the case---Nothing came on record that there existed any kind of enmity between the deceased and the accused---Prosecution obviously failed to set any motive, which could create reasonable dent in the veracity of the prosecution version---Circumstances established that the prosecution had failed to establish culpability of accused through reliable, trustworthy and confidence inspiring evidence---Appeal against acquittal was dismissed, in circumstances. (b) Criminal trial--- ----Circumstantial…

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