Law: Penal Code (XLV of 1860)

Section: 302(b),324,147,148,149

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a)    Penal Code (XLV of 1860)-------Ss. 302(b), 324, 147, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for making firing upon the brother of complainant and his friend, due to which brother of complainant died---Complainant was not an eye-witness of the occurrence---However, complainant lodged the FIR promptly without any delay--Appellant was nominated in the FIR with a specific role that he allegedly fired upon the deceased and injured his friend---Complainant was informed by his brother, who appeared before the Court as eye-witness and deposed in his statement that on 04.10.2019 at 7:00 pm, he, along with his brother/deceased, injured and another person were present at hillside; that in the meantime, appellant and one acquitted accused riding on a motorcycle, and other acquitted accused persons were in a car came to the spot; that appellant pulled out a pistol and fired upon his brother and his friend, who received injuries; that appellant also made firing upon him, but he remained unhurt on the spot and did not receive any injury---Statement of said witness further corroborated with the statement of injured, in all particulars---Said witnesses attributed the role of firing to the appellant upon the deceased and injured---Said witnesses gave consistent, straightforward ocular accounts of the occurrence---Presence of the said witnesses on the spot was also proved---On the same date, the Investigation Officer also recorded their statements under S.161, Cr.P.C.---Presence of injured witnesswas also established on the spot of occurrence on the basis of injuries received by him, which was confirmed by Medical Officer, who produced a medical certificate of the injured, according to which the injured received injuries by means of a firearm---Injured witness was neither related to the deceased nor inimical toward the appellant---Said prosecution witnesses were subjected to lengthy cross-examination by the defense but nothing favorable to the appellant or adverse to the…