Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Involvement of the accused/appellants in the occurrence not proved--Accused were charged for committing murder of the mother of complainant--As per the prosecution's case, on 11.01.2018 at 5:00 a.m., paternal cousin of complainant called complainant and informed him that his mother, aged 65-70, had fallen in a seriously injured condition and asked him to come home immediately---Complainant rushed to hospital after receiving the information that his mother was lying dead on a stretcher in the emergency ward---Upon that, the complainant went to the police station and informed the police about the incident through a written application at 9:00 a.m., thereafter FIR was chalked out against unknown accused---Later, based on the information of two witnesses, the complainant named the appellants as accused of the murder of his mother on the strength of a supplementary statement---Prosecution failed to prove as to when two witnesses informed the complainant about the involvement of the accused-appellants---Circumstances established that the prosecution had failed to prove its case against the appellants beyond any shadow of doubt---Appeal against conviction was allowed accordingly.(b) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Extra-judicial confession---Scope---Accused were charged for committing murder of the mother of complainant---Prosecution relied on the testimony of a witness, before whom the accused-appellants made the extrajudicial confession---Extrajudicial confession was made two years before an examination-in-chief of the witness in the Court---On confession of the appellants-accused about the murder committed by them the immediate reaction of witness would have been to catch hold of accused and produce them before police or at least inform the complainant soon after the alleged confession---Failure to do so created doubts about the alleged confession about the guilt of the accused-appellants---Inaction and the absence of immediate reaction on the part of witness led to the…