Law: Penal Code (XLV of 1860)

Section: 302(b),324,34,337-A(II)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34 337-A(ii)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, shajjah-i-mudihah---Reappraisal of evidence---Parties were very closely related to each other and an FIR in respect of the incident in issue had been lodged within an hour of the occurrence---In the said promptly lodged FIR the accused had been named and a leading role in the murder of deceased and in causing of injuries to complainant was attributed to him---Injured complainant victim had consistently pointed his accusing finger towards the accused as the person responsible for causing the death of the deceased and for causing injuries to the complainant himself and the medical evidence had supported the said allegations levelled against the accused---Both the courts below had undertaken an exhaustive analysis of the evidence available on the record and had then concurred in their conclusion regarding guilt of the accused having been proved to the hilt---High Court had acquitted the accused on two other counts under S. 302(b), P.P.C. and had also reduced the sentence of death passed against him on the third count under S. 302(b), P.P.C. to imprisonment for life and, thus, the accused has already been treated leniently by the High Court---Delay of about seven and a half years in filing of the present petition before the Supreme Court showed that the accused had accepted the verdict passed against him by the High Court---Petition for leave to appeal was dismissed and leave was refused. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34 337-A(ii)---Qatl-i-amd, attempt to commit qatl-i-amd, common intention, shajjah-i-mudihah---Reappraisal of evidence---Sentence, reduction in---Accused was convicted by the Trial Court on three counts of the charge under S. 302(b), P.P.C. and was sentenced to death on each count besides having been convicted and sentenced for offences under Ss. 324 337-A(ii), P.P.C. read with S. 34, P.P.C.---On appeal accused was acquitted by the High Court on two counts of the charge under S. 302(b), P.P.C. whereas his sentence of death on the third count of the charge under S. 302(b), P.P.C. was reduced to…

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