Law: Penal Code (XLV of 1860)

Section: 302(b),302(c),324,300

(a)    Penal Code (XLV of 1860)-------Ss. 302(b), 302(c) & 324---Qatl-i-amd, attempt to commit qatl-i-amd--Appreciation of evidence---Sentence, reduction in---Defective investigation--Accused was charged for committing murder of the deceased and also causing injury to another person---As per FIR, occurrence in the case had taken place on 25.11.2018 in Tehsil Headquarter (THQ) Hospital---Though Investigating Officer had neither prepared site plan of the crime spot nor had taken into possession any blood or bloodstained garments of the deceased through recovery memo. nor placed on file the Medico-Legal Report of injured and postmortem report of the deceased---Such flaws on the part of the Investigating Agency were obvious---However, as the trial in the case had been conducted in accordance with law and proper opportunity of producing evidence and hearing had been provided to both the parties, therefore, flaws in the investigation would not have any adverse bearing on the prosecution's case---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---However, in view of the peculiar facts and circumstances of the case, conviction of the accused was converted from S.302(b), P.P.C, to S.302(c), P.P.C, and his sentence was reduced from life imprisonment to rigorous imprisonment for twelve years---Conviction of the accused under S.324, P.P.C, was maintained, however, period of his sentence was reduced from 10 years to 05 years rigorous imprisonment---With the said modification in conviction and sentences of the accused, appeal stood dismissed.(b)    Penal Code (XLV of 1860)-------Ss. 302(b), 302(c) & 324---Qatl-i-amd, attempt to commit qatl-i-amd--Appreciation of evidence---Sentence, reduction in---Ocular account, proved--Accused was charged for committing murder of the deceased and also causing injury to another person---Ocular account of the incident had been furnished by three witnesses, injured/brother-in-law of accused, wife of the accused and a nurse--Besides their testimony, the accused was arrested redhanded at the spot along with crime dagger by the…