Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Code of Criminal Procedure, 1898

Section: 161

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Delay of 50 minutes in lodging FIR---Effect---Accused was charged for committing murder of the father of complainant by firing---Information about the occurrence had been provided to the police within 50 minutes of the occurrence by the son of the deceased, in consequences of which FIR was chalked out on the same day---Facts remained that the place of occurrence was at a distance of 3-kilometer from the police station---However, there was delay of 50-minutes in reporting the matter to police, but the fact remained that the complainant was not an eye-witness of the occurrence---In such eventuality, the FIR did not render any sort of corroboration to the case of the prosecution qua the identification of the appellate---Appeal against conviction was allowed, in circumstances.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---No justification for the presence of sole eye-witness at the spot--Chance witness---Accused was charged for committing murder of the father of complainant by firing---Ocular account of the incident had been furnished by sole eye-witness, who happened to be a chance witness and his claim to have seen the occurrence appeared to be a claim which could be accepted only with a lump of salt---Said witness deposed with the depiction that he being aRickshaw driver by profession, happened to arrive at the spot of the incident, as soon as passengers were leaving the seats, when all out of sudden, he saw a person storming towards another person sitting on a chair in a shop, aimed a pistol at him and made a fire shot, which hit on the right hand of the victim; he in retaliation tried to escape out from the reach and firing range of the accused by trying to enter into a house but the accused further made a fire, which hit his abdominal area, and another fire made upon him strick on the chest of the injured; the eye-witness further deposed that he made an attempt to save the skin of the victim but the offender made two ineffective fire shots upon the rescuer who narrowly escaped…