Law: Criminal Procedure Code (V of 1898)

Section: 302(b),342,147,148,149,34

(a) Criminal trial--- ----Circumstantial evidence---Principle---Circumstantial evidence must be inter-linked to make out a single unbroken chain---Benefit of a slightest doubt shaking the roots of the case must be extended to the accused. (b) Criminal Procedure Code (V of 1898)--- ----S. 154---First information report---Scope---FIR is not a substantive piece of evidence---Main object of the FIR is to bring the law into motion. (c) Penal Code (XLV of 1860)--- ----Ss.302(b), 342, 147, 148, 149 & 34---Qatl-i-amd, wrongful confinement, rioting, rioting armed with deadly weapon, unlawful assembly, common intention---Appreciation of evidence---Motive not proved---Effect---Prosecution case was that the accused party murdered one of the brothers of complainant and threw his dead body at the hill while the other brother might have been killed by them or was in the illegal custody of accused persons---Motive behind the occurrence was stated to be a political rivalry---During investigation, the Investigating Agency established another motive, i.e. that the accused persons killed the deceased to gain the costly herbs from them---One of the Investigating Officers while recording his statement stated altogether a different motive of theft---Motive, held, appeared to be shrouded in mystery, in circumstances. (d) Penal Code (XLV of 1860)--- ----Ss.302(b), 342, 147, 148, 149 & 34---Qatl-i-amd, wrongful confinement, rioting, rioting armed with deadly weapon, unlawful assembly, common intention---Appreciation of evidence---Recovery of dead body on the pointation of accused---Reliance---Scope---In the present case, recovery of dead body of the deceased was allegedly made on the pointation of the accused persons---Complainant had stated that when they reached the spot to recover the dead body, 100/200 persons were gathered there---Other recovery witness had stated that when they reached the spot, 50 to 100 persons were already present there---In the presence of said statements, it had been cleared that the accused were not the only persons who knew about the dead body of the deceased rather the Investigating Agency and the people of the locality were also very much aware of the…

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