Law: Penal Code (XLV of 1860)

Section: 302(b),324,148,149

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of eye-witnesses at the spot justified--- Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---Record showed that the occurrence had taken place in front of the shop of complainant party---Presence of complainant, his brother/ injured along with deceased was natural and normally at evening time people did assemble at the shops, coupled with the fact that their house was situated at the distance of 200 paces from the shop as stated by complainant in his cross-examination---Complainant and injured eye-witness had attributed the effective role of firing at the deceased to accused with his 30 bore pistol---During spot inspection, Investigating Officer recovered two empties of 30 bore and also took into possession one bulb which was lit in front of the shop of complainant party at a height of ten feet at the time of occurrence---Case of the prosecution mainly rested on direct and substantive evidence of complainant and injured eye-witness, who witnessed the occurrence and narrated the same in confidence inspiring manner and despite of lengthy cross-examination, nothing had been elicited from their mouth which could favour the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal against conviction was accordingly dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Delay of forty five minutes in lodging FIR explained plausibly---Accused were charged for committing murder of the brother of complainant by firing and causing injuries to the complainant and his other brother---Record showed that the report was promptly lodged by the complainant in injured condition in the hospital after 45 minutes of the occurrence which were consumed in calling the…

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