Law: Penal Code (XLV of 1860)

Section: 302(b),324,34

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Presence of the eyewitnesses at the time and place of incident not doubted---Accused were charged for committing murder of two brothers of complainant by inflicting fatal injuries---In this case, prosecution had examined three eyewitnesses, complainant and two other eyewitnesses---Said witnesses were the residents of same area/village and living nearby the cattle pen, the place of incident, as such their presence there was natural and could not be doubted---As per their evidence, incident took place on 23.03.2001---The motive of the offence was playing of tape recorder by the appellants at high pitch, which was objected to by deceased; the appellants got angry and inflicted on him fatal injuries; and when his brother came to rescue him, he was also assaulted by them---Incident took place in broad daylight and the appellants were identified by the witnesses, by face, as they had been working in the same area---In their lengthy cross-examination, not a single contradiction worth mentioning had come on record to give its benefit to the accused---All the witnesses were unanimous over the fact that appellants were identified by them as they were already known to them---Appeal against conviction was dismissed, in circumstances.(b) Criminal trial-------Contradictions in the statements of witnesses---Scope---Only material contradiction, which goes to the root of the case, has to be taken into account and its benefit is dished out to the accused.(c) Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular account supported by medical evidence---Accused were charged for committing murder of two brothers of complainant by inflicting fatal injuries---Ocular account of the incident had been furnished by three witnesses---Defence could not point out to any material contradiction in evidence of those three eye-witnesses---All three witnesses had supported each other that incident took place due to playing of tape recorder at high…