Law: Penal Code (XLV of 1860)

Section: 302(b),324,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Delay of about one hour in lodging the FIR---Scope---Accused were charged for the killing of brother of the complainant and ineffective firing at him as well as witness---Record showed that complainant reported the matter after one hour of the occurrence---Facts remained that the place of occurrence was situated at a distance of 6/7 kilometres from the Police Station, thus, the report had promptly been lodged. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence----Ocular account supported by medical evidence---Scope---Accused were charged for the killing of brother of the complainant and ineffective firing at him as well as witness---Complainant, in his report had assigned role of indiscriminate firing to the present accused as well as to the convicted accused---During the trial of present accused, both complainant and eye-witness appeared as witnesses respectively---Testimony of said witnesses was consistent on material points---Presence of complainant and eye-witness on the spot was established---Witnesses had deposed the ocular testimony and supported the prosecution version---Witness was subjected to lengthy cross-examinations but nothing material could be brought out nor any dent could be created in their evidence---Witnesses stood firm and their veracity could not be shaken---Both the eye-witnesses, no doubt, were related to the deceased but mere relationship was no ground to discard their straightforward and confidence inspiring evidence especially when their presence on the spot had been established---Facts showed that statement of said witnesses was not tainted or they had no motive to falsely implicate the accused---No plausible reason had been established by the defence to indicate why the complainant would substitute the accused by leaving real culprits---Testimony of complainant and eye-witness were convincing one hence, the evidence produced by the prosecution was rightly believed by the Trial Court---Unnatural…

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