Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Prosecution case was that accused-appellants, while duly armed with Kalashnikovs, started altercation with the father of complainant, on which complainant party entreated them for forgiveness but they did not accept the request and with their weapons opened fire at them---With the fire shots of co-accused, father and brother of the complainant were hit, whereas with fire shot of accused, other brother of the complainant was hit---Fire shots of the accused-appellants, hit one shopkeeper, also---Father of the complainant and his two brothers succumbed to the injuries---Occurrence took place at 9.30 a.m. and was reported in the hospital at 10.15 am, i.e. within a period of 45 minutes---Ocular account furnished by the eye-witnesses had been corroborated by medical examinations of the three deceased and also supported by the site plan, wherefrom the Investigating Officer had recovered five empties of 7.62 bore---Investigating Officer took into possession bloodstained earth from the places of all the three victims---Occurrence had taken place in front of the house of the eye-witnesses, who were residing there with the victims jointly and at the relevant time were unloading the wheat from the trolley, therefore, their presence on the spot was quite natural---No blood-feud of the eye-witnesses with the appellants, therefore, no question for their false implication had arisen---Substitution of an actual culprit for an innocent person was a rare phenomena because no prudent person would ever let the actual wrongdoer scot-free and replaced him for the one, who had no nexus with the crime---Receiving no injury by eye-witnesses did not mean that they were not present on the spot at the time of occurrence---Record showed that when the firing started, the eye-witnesses took refuge behind the trolley, wherefrom the wheat was being unloaded by the complainant side at the time of occurrence---Circumstances established that the prosecution had proved its case against both the…

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