Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Delay in lodging the FIR---Scope---Accused was charged for committing murder of the cousin of complainant by stabbing---Record showed that the FIR was lodged within twenty four hours of the incident---Delay in lodging the FIR had been explained by the complainant in his evidence---Evidence of complainant showed that he was a soldier and was informed on telephone that the accused had murdered the deceased by stabbing on the day of incident, however, complainant was not granted leave on that day but was only granted leave for the next day whereupon he went to the police station and lodged the FIR and collected the dead body of his cousin from the mortuary---Accused was named by the complainant in the FIR and he had no apparent enmity with the accused and thus had no reason to implicate him in a false case---During the delay the prosecution obtained no benefit---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---However, the death sentence was reduced to that of rigorous imprisonment for life---Appeal was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Ocular account---Scope---Accused was charged for committing murder of the cousin of complainant by stabbing---Ocular account of the incident had been furnished by eye-witness/brother of the accused---Witness knew the accused as he was his brother and as such there was no case of misidentification and no need for an identification parade especially as it was a daylight incident and he witnessed the attack from a short distance---Eye-witness was not a chance witness as the incident took place in his house where the accused and the deceased were staying---Said witness had no enmity or ill-will with the accused and had no reason to implicate him in a false case---Said eye-witness gave his statement under S. 161, Cr.P.C on the same day whereby he named the accused and thus there was no time to concoct a false case---Evidence of said…

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