Law: Penal Code (XLV of 1860)

Section: 302,325,449,460

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 325, 449 460---Qatl-i-amd, attempt to commit suicide, house-trespass in order to commit offence punishable with death, person jointly concerned in lurking house-trespass or house-breaking by night---Appreciation of evidence---Benefit of doubt---Ocular account and medical evidence--- Conflictions---Accused was charged for committing murder of the daughter of complainant and also trying to commit suicide by firing---Motive behind the occurrence was refusal of rishta---Ocular account in the case consisted of complainant and her daughter-in-law---Presence of both the said witnesses on the spot at the time of incident was doubtful in nature because they did not receive even a scratch during the incident---Said witnesses allegedly had seen the incident from a close distance but it was not understandable that in the presence of both the said witnesses, who were closely related to deceased, how such tragedy with the deceased could happen without any intervention on their part to rescue them---Ocular account was in direct conflict with the medical evidence because in the FIR it was the case of complainant that accused made a fire with pistol which landed on back of deceased but Medical Officer, who conducted autopsy of the dead-body of deceased and prepared post-mortem examination report, noted two entry and two exit wounds on the person of deceased---Circumstances established that the prosecution could not prove its case against the accused beyond any shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 325, 449 460---Qatl-i-amd, attempt to commit suicide, house-trespass in order to commit offence punishable with death, person jointly concerned in lurking house-trespass or house-breaking by night---Appreciation of evidence---No justification for the presence of witnesses at the spot---Chance witnesses---Scope---Accused was charged for committing murder of the daughter of complainant and also trying to commit suicide by firing---Record showed that deceased was married and she had strained relations with her husband---In the FIR as well as before the Trial…

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