Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 353, 392, 440 & 34---Qatl-e-amd, attempt to commit qatl-e-amd, assault or criminal force to deter public servant from discharge of his duty, robbery, mischief, common intention---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---No delay in reporting the matter to the police---Examination-in-chief of complainant was recorded by the Trial Court, and his cross-examination was reserved on the request of defence counsel---Cross-examination on the complainant having not been recorded due to his death---Complainant having not been subjected to cross-examination, his statement could not be relied upon---Star eye-witness of the prosecution had fur-nished ocular account in which he had fully implicated accused---Evidence of other eye-witnesses, was also on the same lines---Said eye-witnesses had no enmity to falsely implicate accused persons---Witnesses were cross-examined at length, but their evidence could not be shaken during the process of cross-examination; they corroborated each other on all material aspects of the case---Evidence of said witnesses was confidence- inspiring---Accused having duly been nominated in the F.I.R., there was no need of holding identification parade---Ocular account of the prosecution about infliction of firearm injury on deceased had fully been supported by medical evidence---Kind of weapon used by accused, nature and seat of injury and the time of occurrence, had fully tallied with the medical evidence---Prosecution having fully proved its case against accused beyond shadow of any doubt, conviction of accused under S.302(b), P.P.C. awarded to him by the Trial Court was maintained, but in view of certain mitigating circumstances, his sentence was altered from death to imprisonment for life, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 392---Criminal Procedure Code (V of 1898), S.342---Robbery---Appreciation of evidence---Alleged recovery of motorcycle, mobile phone and currency notes on the pointation of accused persons, were not put to them in their statement recorded under S.342, Cr.P.C.---Said recoveries, could not be used against them---No…

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