Law: Penal Code (XLV of 1860)

Section: 302(b),364,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364 & 34---Qatl-i-amd, kidnapping or abducting in order to murder, common intention---Appreciation of evidence---Benefit of doubt---Accused were charged for committing murder of the father of the complainant after kidnapping him---Evidence of alleged eye-witness, showed that it was apparent that he had admitted in clear terms that the accused persons took his father to a hospital and after treatment left the dead body of his father there---If contents of S.364, P.P.C., were put in juxtaposition to the said admission of the alleged eye-witness, it might safely be observed that had the accused any intention to kidnap or abduct complainant's father in order to commit his murder then what was the fun in taking him to the hospital for treatment as admitted by the alleged eye-witness---Ingredients of S.364, P.P.C., were totally lacking in the case---Circumstances established that the prosecution had failed to prove its case against the accused---Compromise between the parties was also effected, hence---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 364 & 34---Qatl-i-amd, kidnapping or abducting in order to murder, common intention---Appreciation of evidence---Benefit of doubt---Unnatural conduct of eye-witnesses--- Scope---Accused were charged for committing murder of the father of the complainant after kidnapping him---Father of alleged eye-witness was being mercilessly beaten and then allegedly kidnapped along with coaster, instead of approaching the police immediately, eye-witness and his brother, who also claimed to have seen the alleged incident, escaped away from the place of incident and went by foot to a hotel situated at a distance of about 4/5 kilometres from place of incident and remained there for about one hour and thirty minutes---Said witness also admitted that he went to other place wherefrom he took his sister---Said witness also admitted that the distance in between two places would be about 150 kilometres---No explanation had come forward from the prosecution side as to why instead of approaching police station straight away, the alleged two…

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