Law: Penal Code (XLV of 1860)

Section: 302(B)

(a) Criminal trial--- ----Duty of the prosecution---Scope---Prosecution was under legal obligation to prove its case beyond the shadow of doubt irrespective of defence pleas, either consistent or inconsistent and only if the prosecution succeeded in doing so, defence version might be taken into consideration. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of the deceased by firing---Motive behind the occurrence was that the accused was apprehending the complainant party to have closed his sand mine and he was facing financial loss due to them and due to that grudge, he committed the occurrence---Ocular account of the incident had been furnished by two eye-witnesses including complainant---Said witnesses had fully supported the prosecution case against the accused by giving graphic details of incident and corroborating each other on all minor as well as material aspects of the case---Said witnesses reiterated the same facts as in the private complaint as well as FIR and elaborately stated about the mode and manner in which the accused had inflicted firearm injuries to the deceased---Due to absence of any previous illwill, enmity or grudge against the accused, eye-witnesses could not have falsely implicated him in a case involving offence of heinous nature---Said witnesses were subjected to gruelling cross-examination, but they remained on comfortable unison and the defence failed to shatter their credibility---No doubt the accused was a disabled person due to which he could not alight from his car, but even that fact would go against the accused as the prosecution witnesses remained consistent that he had made burst of his licensed Kalashnikov while sitting in his car---Said eye-witnesses had found ample support from the medical evidence, which was in complete harmony with the ocular account of the prosecutions case and in that regard no conflict could be pointed out by the defence---Prosecution had brought on record sufficient incriminating evidence against the accused in the shape of two eye-witnesses of tragedy, well supported by medical evidence and equally corroborated by…

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