Law: Penal Code (XLV of 1860)

Section: 302(b),337-H(2),504,114,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 417

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-H(2), 504, 114, 148, 149---Qatl-i-amd, rash and negligent act, intentional insult with intent to provoke breach of peace, abettor present when offence was committed, rioting armed with deadly weapon, unlawful assembly--- Appreciation of evidence--- First Information Report was lodged with promptitude---Scope---Accused was charged that he and co-accused with common intention, by forming unlawful assembly, duly armed with weapon killed the uncle of the complainant by making firing---Record showed that the FIR in respect of the incident was filed within one hour of the incident---Such prompt filing of the FIR ruled out the possibility of concocting a false case against the accused with the police or any other third party---Even otherwise the complainant had no enmity with the accused and had no reason to falsely implicate him in the case---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 337-H(2), 504, 114, 148, 149---Qatl-i-amd, rash and negligent act, intentional insult with intent to provoke breach of peace, abettor present when offence was committed, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Statements of eye-witnesses---Scope---Accused was charged that he and co-accused with common intention, by forming unlawful assembly, duly armed with weapon killed the uncle of the complainant by making firing---Record showed that it was a day light incident being 7.30 p.m. in the month of May and the eye-witness/complainant knew the accused having seen him at close range and as such there was no need for an identification parade---Complainant stated that the motive behind the attack on his uncle was of childrens affair as children belonging to each party had a fighting that day---Evidence of complainant was corroborative of his FIR, which was lodged one hour after the incident and thus, there was no time for him to cook up a false story---No enmity existed between the accused and his party and thus there was no reason…

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