Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction of---Mitigating circumstance---Accused was charged for committing murder of maternal uncle of the complainant by firing---Motive behind the occurrence was that the accused had suspected the deceased for having received his head money---Record showed that matter was reported within one and half hour of the occurrence, wherein accused was directly and singularly charged for murder of the deceased---Accused was co-villager and neighbour of the complainant and was well known to him prior to the occurrence---Being a broad-daylight occurrence, question of mistaken identity did not arise---Complainant reiterated the same story as set forth by him in his initial report and once again charged the accused singularly for murder of the deceased---Complainant stood firm by stating that site plan was prepared at his pointation by the Investigating Officer---Complainant had been subjected to lengthy and taxing cross-examination but nothing beneficial to defence could be extracted from his mouth---Witness remained stuck to his stance on each and every material aspect of the incident---Many un-explained material facts having been explained through the witness by the defence itself had strengthened the prosecution case---Presence of witness with the deceased at the time of occurrence was quite natural as the deceased was his maternal uncle and had visited with his family to the house of complainant and stayed there for two days prior to the occurrence---No evidence, whatsoever, had been brought by the defence to prove any enmity or grudge of complainant with the accused---Mere relationship of complainant with the deceased would not detract his veracity, as he had absolutely no motive of his own to involve the accused falsely by letting off the real culprit---Prosecution had successfully proved that accused had committed murder of the deceased on the day, time and place with a 30-bore pistol as alleged by the prosecution and substantiated through cogent and confidence inspiring ocular evidence, supported by medical evidence and corroborated by strong circumstantial piece of…

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