Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 164

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) ,  34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Delay of one hour and forty-five minutes in lodging the FIR---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Motive for the occurrence was stated to be previous blood-feud---Record transpired that the occurrence allegedly took place at 7:45 a.m., whereas the matter was reported at the spot by complainant at 9:30 a.m. i.e. with a delay of almost one hour and forty-five minutes---Said fact was fatal to the prosecution case---Circumstances established that the prosecution failed to prove its case against the accused person beyond any shadow of doubt--- Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) ,  34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of eye-witnesses---Scope---Accused were charged for committing murder of the brother of the complainant by firing---Record showed that right from the time of occurrence till the time when the matter was reported, no effort was made to shift the dead body of deceased to the hospital or to the police station, which is unbelievable to an ordinary prudence, rather same created serious doubt regarding presence of complainant and eye-witness on the spot at the time of occurrence---Circumstances established that the prosecution failed to prove its case against the accused person beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) ,  34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Presence of eye-witnesses at the time and place of occurrence doubtful---Accused were charged for committing murder of the brother of the complainant by firing---Ocular account was furnished by complainant and an eye-witness---Complainant while appearing in the witness box narrated the incident, however, same was belied by the site plan, for the reason that if he was present on the spot, then keeping in view the alleged motive, he would…

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