Law: Criminal Procedure Code (V of 1898)

Section: 342

Law: Penal Code (XLV of 1860)

Section: 302,324,337-F(v)(vi),337-A(i),337-L(2),4 59,114,148,149

Witness-- ----It is settled by now that a witness who lied about any material fact must be disbelieved as to all other facts.      Evidence-- ----Evidence furnished by complainant and PWs is shaky in nature and cannot be relied upon for maintaining convictions/sentences of appellants.                  Motive-- ----Appreciation of evidence--Admittedly, motive incident took place one year prior to main occurrence and during said interregnum no untoward incident took place between parties--No solid/convincing evidence qua motive was produced by prosecution during trial--Moreover, no independent witness qua motive was joined by police in investigation or produced by prosecution in trial--Therefore, prosecution has failed to substantiate motive against appellants.                                            Recovery of weapon-- ----Alleged recovery of sota at instance of (appellant) is concerned same does not advance case of prosecution because it was an ordinary sota, easily available in market--Likewise recovery of motorcycle at instance of appellants is concerned same is of no avail to prosecution because it was a joint recovery allegedly effected at instance of all appellants.                                     Medical evidence-- ----As far as medical evidence is concerned, same may confirm ocular account with regard to receipt of injury, locale of injury, kind of weapon used for causing injury, duration between injury and death but it would not tell names of assailants.                                     Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Statement of accused--Benefit of doubt--As far as defence pleas taken by appellants in their statements under Section 342, Code of Criminal Procedure are concerned, since prosecution evidence is doubtful in nature, therefore, there is no need to discuss same…

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