Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Code of Criminal Procedure (CrPC), 1898

Section: 164, 364

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Lodging of FIR with promptitude---Accused was charged for committing murder of the brother of complainant by firing---Matter was reported on the same day of the occurrence--Parties were known to each other before the occurrence, thus there was no chance for false implication---First Information Report was registered without pre-consultation or premeditation of the police---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt--Appeal against conviction was dismissed, in circumstances.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Last seen evidence--Scope---Accused was charged for committing murder of the brother of complainant by firing---By evening deceased did not come back home and complainant being worried telephoned his brother on his mobile but his mobile was off and he informed the police about the occurrence---Complainant had no enmity with the accused and had absolutely nothing to falsely depose against him---Said witness was cross-examined on various points, but the accused failed to even slightly shake his deposition---Complainant remained firm and consistent with regard to timing---Accused also failed to suggest any personal grudge or enmity being a reason to falsely depose against him---Through whatever angle the statement of complainant was examined and appreciated, his evidence was found worth consideration and confidence-inspiring---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Appeal against conviction was dismissed, in circumstances.(c) Criminal trial-------Last seen evidence---Scope---Such evidence stands for an event in which the slain person is seen last time alive in the company of an accused---Though the evidence of last seen in itself is generally regarded as weak in nature, but there is no legal impediment to making it the basis for awarding conviction if it is corroborated by some other source of unimpeachable character---Evidence of last seen qualifies for acceptance if it fits into the…

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