Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd---Common intention---Appreciation of evidence---No delay in reporting the matter to the Police---Incident took place near the house of eye-witnesses, who being inmates of the house, were natural witnesses of the occurrence---Their presence at the spot at the relevant time was quite natural---Their evidence qua accused was straightforward and confidence-inspiring--- Medical evidence had substantially supported the ocular account furnished by the complainant and prosecution witness---Doctor concerned was cross-examined by the defence counsel, but nothing favourable to the accused could be brought on the record during the process of his cross-examination---Prosecution case against accused was further corroborated by the recovery of pistol, which was recovered on his pointation---Empties of said pistol were sent to the Forensic Science Laboratory and report of said Laboratory was positive---Evidence of recovery of pistol and positive report of the Forensic Science Laboratory, had further corroborated the prosecution case against accused---Motive in the case which was not proved, could not be used against accused---Statements of defence witnesses were not reliable as they were resident of place which was away from place of occurrence---One of the defence witnesses was a chance witness who had not explained any plausible reason for his presence at the place of occurrence---Defence evidence produced by accused, being not worthy of reliance, same was not helpful to accused---Even if the evidence of motive was excluded from consideration, there was sufficient incriminating evidence available on the record against accused---Prosecution case was fully established to the extent of accused through evidence of the complainant and prosecution witness---Prosecution, in circumstances, had fully proved its case against accused beyond the shadow of doubt---Conviction of accused under S.302(b), P.P.C. awarded by the Trial Court was maintained, but there were mitigating circumstances in his favour---Firstly, the prosecution had alleged a specific motive, but it had failed to prove the same---Secondly, his co-accused had…

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