Law:

Section:

Penal Code (XLV of 1860)--- S. 302-[Murder case]-Appeal against acquittal-Appreciation of evidence-Deceased having earlier carried a liaison with daughter of first cousin of accused Z and later marrying her after helping her in obtaining decree for dissolution of marriage-Accused's family consequently smarting under disgrace suffered by them at deceased's hands and accused Z, being leader of family taking upon himself to avenge ignominy-Accused's and deceased's parties at logger heads since long for several other reasons as well-Dispute between parties over a sign board bearing name of accused's clan which deceased tried to substitute by one bearing name of his clan occurring two days before occurrence, however, triggering off incident, accused finding difficult to pocket such injury on learning about removal of sign board by deceased-Motive for crime, held, established-F.I.R. being lodged with promptitude, conveying strong impression of being straightforward and unembellished, having attributed pistol shots to one accused alone, placing no weapon in hands of another accused and only a stick in hands of third accused, supported by blunt weapon injuries on person of a lady in vain trying to intervene and rescue deceased, held, clothed prosecution version with very high solemnity-Names of all prosecution witnesses mentioned in F. I. R. such witnesses present at spot and their statements recorded by Investigating Officer within a few minutes of his arrival-No F. I. R. lodged by accused in support of their counterversion and injuries shown on person of a servant of accused Z's brother self suffered to trump up a false version-Plea of alibi raised by two accused not at all confidence inspiring-Cleverly con­ceived devices of such sort not only relevant but pieces of corrobo­rative evidence reacting in favour of prosecution-Testimony of pro­secution witnesses, even though, interested, held, stood corroborated by such circumstances and guilt brought home to accused.-[Evidence-­Appeal against acquittal]. Niaz v. The State P L D 1960 S C 387 ; Woolmington's case L R 1935 A C 462 ; Safdar Ali's case P L D 1953 F C 93 ; Gredland v. Knowler (1952) 35 Cr. A R 48 and James v.…

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