Law: Penal Code (XLV of 1860)

Section: 302(B),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Reappraisal of evidence---Benefit of doubt---Case based on circumstantial evidence only---No direct evidence was available on the record which connected the involvement of the accused persons in the occurrence---As far as the recovery of certain articles belonging to the deceased from the accused persons was concerned, recovery of all such articles were the result of conjecture and surmises and without any legal backing hence, they did not advance the case of the prosecution especially when all such pieces of evidence were denied by the accused persons while making their statements under S. 342, Cr.P.C.---Prosecution had failed to establish its case against the accused persons---Petition for leave to appeal was converted into appeal and allowed and accused persons were acquitted of the charge against them. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Reappraisal of evidence---Extra-judicial confession before police---Admissibility---Trial Court had relied upon the extra judicial confession of accused persons which was recorded by the Investigating officer in the presence of police officials, when the accused persons were under arrest and in handcuffs---Such practice of recording extra judicial confession by the police officials in presence of police officers was nullity in the eye of law and no credence could be extended to such piece of evidence---Prosecution had failed to establish its case against the accused persons---Petition for leave to appeal was converted into appeal and allowed and accused persons were acquitted of the charge against them. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention---Reappraisal of evidence---Provisional external examination report of dead body prepared without any final post mortem report---Effect---Finding of the Medical Officer qua the cause of death only from external observation of the dead body had no legal sanctity---Requirement of law was that the finding qua the cause of death, time of death and manner of death could not be substantiated without post-mortem…

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