Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)----Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---No one came forward to charge accused, however after about more than four months, widow and younger daughter of the deceased were examined who both charged the accused---Cause of the tragedy according to said two ladies was a sudden flare-up between the two brothers/accused and deceased, on the settlement/rendition of account with no further explanation---Investigating Officer could not collect any notebook or `Khata' or anything, relating to settlement/rendition of account, from the crime spot---Both ladies had stated that on their hue and cries the neighbours attracted to the spot, to whom the story was narrated, but none had appeared either before the Police or at the trial to depose against accused---Repeater shotgun produced by the mother of accused as weapon of offence, did not amount to recovery and discovery at the instance of accused---Neither said Repeater shotgun was sent to Arms Expert for examination or crime empty was recovered from the spot---Said recovery was a little help to the prosecution---Statements of the two ladies recorded after more than four months, and that too when the explanation given by them, were half way plausible, had created a reasonable doubt that they had not told the whole truth and had deliberately suppressed the facts---Defence had also not come forward with a pinch of truth to assist the court to reach at a just conclusion---Keeping in view ironical fact, it was more than probable; and the tragedy was suggestive .of the fact that the deceased ,committed something niggardly, causing accused a sudden impulse of irreversible nature and in state of grave provocation he enacted the tragedy---Evidence of two ladies, even if was cryptic, was accepted because of the fact that no outsider could commit the murder of the deceased---Accused was the inmate of the same house and he fled away when he was charged in the F.I.R.---Conviction of accused was maintained, but his sentence was converted to one under S.302(c), P.P.C. and his sentence of life imprison­ment was reduced to 15 years' R.I. Syed Ali Bepari v. Nibaran Mollah…

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