Law: Penal Code (XLV of 1860)

Section: 302(b),427,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the amount of fifty rupees, common intention---Appreciation of evidence---Benefit of doubt---Testimony of sole eye-witness---Allegedly the accused in furtherance of their common intention committed murder of the deceased---Motive behind the occurrence was a dispute over crops between the parties---Ocular account had been furnished by uncle of the deceased---Testimony of sole eye-witness lacked corroboration from related circumstantial evidence of including medical evidence---Besides the above, another point in the case for consideration was that though from the spot three empties of 7.62 bore were taken into possession by the Investigating Agency but there was no report of Forensic Science Laboratory which could show that the recovered empties were fired from one or more than one weapons---Omission on the part of the prosecution to produce Forensic Science Laboratory Report had cast reasonable doubt on its case in absence of which, keeping in view the similarity of dimensions of the injuries, it could not be held with certainty that the deceased was done to death by more than one person as was the prosecution version---Benefit of same would go to the accused persons---Circumstances established that the prosecution had failed to prove its case against the accused persons beyond shadow of doubt---Appeal against conviction was allowed accordingly and accused were acquitted of the charge. (b) Criminal trial--- ----Witness--- Related and interested witness, evidence of---Scope---No doubt, evidence provided by closely related eye-witness is as good as given by another independent witness having no relations with the victim---However, before placing reliance on the ocular account of the related witness the Courts always look for independent source which could corroborate such evidence and same is taken into consideration only for recording conviction of the accused if same is corroborated by independent circumstantial evidence and (others) factors of the case. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 427 & 34---Qatl-i-amd, mischief causing damage to the…

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