Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss.302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---First Information Report was lodged with promptitude---Scope---Accused was charged that he along with co-accused committed murder of the sister and brother-in-law of the complainant---Record showed that the FIR was lodged on the same day with promptitude (within 2 hours and 30 minutes of the incident)---Facts remained that complainant rushed from his house, when informed about the incident, to the house of his deceased and injured relatives and then to the hospital where they were taken where his statement under S.154, Cr.P.C was recorded which formed the basis of the FIR, thus, there was no unexplained delay in lodging the FIR which gave no time for the complainant to be in league with the police to concoct a false FIR against the accused---No enmity between the complainant and the accused was found and thus the complainant had no reason to implicate him in a false case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt, however, the two sentences of death were reduced to life sentences which shall run concurrently---Appeal was dismissed with modification in sentence. (b) Penal Code (XLV of 1860)--- ----Ss.302(b) 34---Qatl-i-amd, common intention---Appreciation of evidence---Sole minor eyewitness---Scope---Accused was charged that he along with co-accused committed murder of the sister and brother-in-law of the complainant---In the present case, the prosecution had produced eleven years old daughter of the deceased father and mother in order to identify the accused---Based on the rationality test of minor, it was found that the child eye-witness had the capacity and intelligence of understanding the questions put to her and was also able to rationally respond thereto and that her evidence might be considered---From the manner in which the child witness had given evidence in a straightforward way and her able handling of the questions which were put to her in cross-examination it was unable to dent her evidence---Evidence of said witness was regarded as reliable,…

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