Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of his wife by inflicting hatchet blows---Motive behind the incident was stated to be that the deceased had a Jhoti (young buffalo) and the accused wanted to sell that which resulted into altercation between the spouses---Record showed that the occurrence took place at 04:00 a.m.---No source of light was mentioned by the witnesses at the crime scene---Occurrence took place in the residential room of the house situated at the Dera---Evidence and the scaled site plan showed that the deceased after sustaining injuries fell on a cot lying in the said room but no cot was taken into possession during the investigation---Material available on record further suggested that the complainant was living at a distance of 4/5 acre from the place of occurrence with his family in a nearby Basti having about 100 houses---Accused was also chased by her family members---Family of a witness also came to the crime scene and witnessed the occurrence admitted by the complainant, but none from their families was cited as witness---Accused got married to the deceased 15/16 years ago and had three sons aged about 15 years, 12 years and 10 years respectively---Sons of the accused except elder were present inside the room but they were also not examined at the crime scene---Evidence showed that the place of occurrence i.e. the room had no outlet/window, thus, it appeared to be improbable that the accused could manage his escape, in particular, leaving behind the hatchet in presence of so many family members/relatives of the deceased---Statement of eye-witness was at variance with that of the complainant which reflected that he had witnessed the occurrence along with the children standing outside the room---Said witness had also admitted that they made no effort to shut the door or bolt the same from outside---Circumstances established that the prosecution had failed to prove its case against the accused beyond reasonable shadow of doubt--- Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S.…

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