Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-D & 337-F(v)/34---Qatl-e-amd, attempt to qatl-e-amd, Jaifah, causing Hashimah and common intention---Appreciation of evidence--- Sentence, reduction in--- Mitigating circumstance---Initial report was made by the complainant who himself was badly injured in the occurrence and later on died---Said statement which had assumed the status of dying declaration, was made in presence of Doctor whose presence was established---Cause of death of deceased having been established, which was firearms injuries received by him, non-conducting of his postmortem had lost its value and that alone could not be termed as factum of doubt---Defence had failed to shatter the stance of deceased complainant---Said report could not be discarded---Version of the complainant got full support from the ocular account of occurrence given by prosecution witness---Prosecution witness being brother of deceased, alone would not be sufficient to discard his statement, when otherwise his statement was worth-reliance---Abandonment of one witness being unnecessary was not fatal to prosecution case, when statement of other eye-witnesses, coupled with dying declaration of the complainant along with other corroborative evidence had fully supported the case of prosecution---Even otherwise, it was the quality of evidence and not the quantity---Even a single confidence inspiring statement of witness was sufficient for conviction of accused---Medical account of the case also supported the case of prosecution as same was in consonance with ocular account---When the parties were residents of the same area and known to each other, they could easily be recognized, even in the dark---Contention that being a night occurrence without disclosing source of light would create serious doubts on the identification of accused, was repelled--- Delay of 2.45 hours in making the report was fully justified---Prosecution having proved its case against accused without any shadow of doubt, accused was rightly convicted by the Trial Court---Occurrence had taken place at night and because of darkness, it was not possible to determine that whose shot proved fatal, said…

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