Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of about five and an half hours in lodging the FIR---Effect---Accused was charged that he and co-accused committed murder of the cousin of the complainant by firing---Motive behind the occurrence was that accused and deceased had exchanged harsh words with each other on domestic affairs and due to that accused had committed murder of deceased---Record showed that the incident took place at 2.00 a.m. at night time and the FIR was registered on the same day at 07.30 a.m.---Delay if any had been explained by the complainant as at the first instance he arranged for the vehicle and took the dead body to the hospital, leaving the other witnesses---Complainant, thereafter went to police station where FIR was registered---Delay if any was not fatal to the prosecution case, in circumstances---Appeal against conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account corroborated by medical evidence---Effect---Accused was charged that he and co-accused committed murder of the cousin of the complainant by firing---Ocular account of the incident had been furnished by three eye-witnesses---Complainant being eye-witness deposed that the accused fired upon the deceased from his gun which hit him on his belly who after receiving the firearm injury fell down and expired at the spot---Complainant was cross-examined by the defence at some length but nothing favourable to the accused came on record---Other two eye-witnesses fully supported the version deposed by the complainant in all respects including the identity of the accused at the time of incident, role assigned against the accused, recovery of blood stained earth and the empty of cartridge from the place of incident by the Investigation Officer---Both the eye-witnesses were cross examined at length but their evidence was not shattered by the defence during their cross examination---Evidence of all the said three eye-witnesses was further corroborated by the Medico-Legal Officer, who conducted post-mortem…

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