Law: Penal Code (XLV of 1860)

Section: 302(b),376,397

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 376 , 397---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, robbery or dacoity with attempt to cause death---Appreciation of evidence---Delay of about three hours in lodging the FIR---Effect---Accused was charged for committing murder of the brother, his wife, daughter and son of the complainant during dacoity---Record showed that the statement under S. 154, Cr.P.C., was recorded by the complainant within three hours of the incident despite their being no eye-witness to the incident and thus the FIR was lodged with promptitude---Even otherwise, the complainant had no enmity with the accused and had no reason to implicate him in a false case---FIR was against unknown persons which would not have been the case if the aim of the FIR was to falsely implicate the accused---Circumstances established that the prosecution had successfully proved its case---Appeal against conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 376 , 397---Qatl-i-amd, kidnapping or abducting a person under the age of fourteen, robbery or dacoity with attempt to cause death---Appreciation of evidence---Ocular account, proof of---Scope---Accused was charged for committing murder of the brother, his wife, daughter and son of the complainant during dacoity---Prosecution produced six witnesses to prove the charge against the accused---None of whom had any enmity or ill will towards the accused and had no reason to falsely implicate him in the case---Although all the witnesses were related to the deceased the picture emerged that the accused was treated like an adopted son by deceased couple who had been with them for 11 to 12 years---Accused mostly resided with them at their flat which was the scene of the incident apart from occasionally going to his own flat from time to time---All the said witnesses therefore knew the accused well and he knew them well and that fact had not been disputed by the accused---Fact that the witnesses were mostly related to the deceased did not mean that there evidence could not be relied upon, because there was no ill will or enmity between them and the…

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