Law: Penal Code (XLV of 1860)

Section: 302(b),302(c),364,147,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 302(c), 364, 147 & 149---Qatl-i-amd, kidnapping or abducting in order to murder, rioting, unlawful assembly---Appreciation of evidence---Grave and sudden provocation---Conviction under S.302(b), P.P.C. converted in S. 302(c), P.P.C.---Accused were charged for committing murder of the son of the complainant and sister of one of the accused persons---First Information Report was lodged with the delay of 05 hours and 30 minutes from the occurrence---Distance between the place of occurrence and the police station was 12 kilometers and mere delay in reporting the matter to the police might not be fatal to the prosecution case---Insofar as the case of accused "R" was concerned, neither he made any confession before the Trial Court nor he had admitted the murder of both the deceased in his statement recorded under S. 342, Cr.P.C., therefore his appeal was allowed and he was acquitted of the charge by extending him the benefit of doubt--- However, circumstances established that the prosecution had proved its case against the accused "A" however, due to grave and sudden provocation, he committed the murder of both the deceased---Consequently, the punishment awarded under S. 302(b), P.P.C., was converted into S. 302(c), P.P.C. and he was sentenced to fourteen years---Appeal was partly allowed to the extent of said accused". (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 302(c), 364, 147 & 149---Qatl-i-amd, kidnapping or abducting in order to murder, rioting, unlawful assembly---Appreciation of evidence---Delay of 14 hours and 45 minutes in conducting the postmortem examination on the dead bodies of the deceased persons---Accused were charged for committing murder of the son of the complainant and sister of one of the accused persons---There was delay of 14 hours and 45 minutes in conducting the postmortem examination on the dead body of son of complainant whereas, there was delay of 15 hours in conducting the postmortem examination on the dead body of lady deceased---Said delay in conducting the postmortem examinations on the dead bodies of both the deceased persons was suggestive of the fact that the occurrence was unseen…

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