Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---F.I.R. in the case was lodged with reasonable promptitude and such promptly lodged F.I.R. would exclude the chance of deliberations and consultations---Name of accused, manner of occurrence, seat of injury, the weapon used during the occurrence and prosecution witnesses were mentioned by the complainant in the F.I.R.---Prosecution had proved the motive part of its story---Both eye-witnesses were cross-examined by the defence, but their evidence was not shaken in any manner---Said eye-witnesses had given a detailed account of events leading to the murder of the deceased and they were unanimous on all material points---No contradiction or any improvement existed in evidence---Occurrence though had taken place at night, but prosecution witnesses identified accused in the light of electric bulb---Electric bulb available on the place of occurrence though was not taken into possession by the Police during investigation, but it would not adversely affect the prosecution case---One of the prosecution witnesses though was real brother of the deceased and other was maternal nephew of the deceased, but their relationship with the deceased was not a valid ground for excluding their testimony from consideration as both said witnesses were not inimical towards accused and they had no reason to falsely implicate accused in the case---Eye-witnesses were the natural witnesses whose presence at the time of occurrence was well explained---No enmity of the deceased with accused had been suggested---Case being of single accused, substitution of accused in such situation was a rare phenomenon---Complainant, who was real brother of the deceased, would not let off the real culprit in order to falsely implicate accused in absence of any enmity---Medical evidence was in conformity with the eye-witness account and had provided necessary corroboration thereto---Factum of recovery of weapon of offence stood conclusively proved---Prosecution, in circumstances, had proved its case against accused beyond reasonable doubt through motive, credible ocular account, corroborative medical evidence and evidence of…

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