Law: Penal Code (XLV of 1860)

Section: 302(b),460,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 460 & 34---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Non-availability of justification for the presence of witnesses at the time and place of occurrence---Accused were charged for committing murder of the brother of the complainant by firing after trespassing the house during night---Motive behind the occurrence was that accused "B" kidnapped a lady for committing Zina and in that regard, deceased got lodged FIR against said accused and due to said grudge, the accused persons committed the offence---Prosecution case revolved around the statement of two eye-witnesses of the occurrence including complainant also---Both the said prosecution witnesses were brothers of the deceased---Complainant admitted during cross-examination that his house was at a distance of as much as 5/6 acres from the place of occurrence---Both the said witnesses did not explain as to why and in what circumstances, they came to be present at the place and time of occurrence---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---Appeal against conviction was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 460 & 34---Qatl-i-amd, person jointly concerned in lurking house-trespass or house-breaking by night, common intention---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Accused were charged for committing murder of the brother of the complainant by firing after trespassing the house during night---Record showed that the witnesses claimed that they had witnessed the occurrence in the light of an electric bulb which was lit at the place of occurrence, however, the said electric bulb was neither produced by the prosecution witnesses to the Investigating Officer of the case nor the Investigating Officer of the case, during his visit to the place of occurrence, took into possession any such electric bulb---Non-production of the electric bulb which was allegedly lit at the place of occurrence at the time of…

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