Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged that he along with his co-accused committed murder of the brother of the complainant by firing---Motive for the offence was stated to be dispute over paternal land---Ocular account of the occurrence had been furnished by brother and cousin of the deceased and they charged the accused for the commission of offence---Said witnesses were cross-examined at length by defence, however, nothing could be elicited so as to doubt their statements---Besides, their testimony got corroboration from the evidence of Medical officer---Medical evidence also confirmed the ocular account of complainant regarding the weapon used in the occurrence---Circumstances established that the prosecution had established 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) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Related and interested witnesses--- Reliance--- Scope--- Accused was charged that he along with his co-accused committed murder of the brother of the complainant by firing---Plea of defence was that the complainant and eye-witness were none other than the brother and cousin respectively of deceased and were, therefore, highly interested witnesses and their deposition should, thus, be discarded, as it had not been corroborated by any independent witness---Validity---Mere fact that deceased was brother of the complainant and cousin of the eye-witness did not impeach their evidence in any manner---However, their evidence must be scrutinized carefully and if on such scrutiny their testimony was found wholly trustworthy and intrinsically reliable then probable conviction could be based on the testimony of such witnesses---Besides a close relative of a deceased would be most reluctant to spare the real culprit and implicate innocent person---Thus, submission of defence, that the complainant and the eye-witness being related to the deceased could not be relied upon had to be…

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