Law:

Section:

(a) Penal Code (XLV of 1860)-- Ss. 302/34-[Murder-case]-Appreciation of evidence - Common intention-Vicarious responsibility-Two assailants lying in ambush suddenly surprising complainant party, firing in quick succession almost simultaneously--Possibility of bona fide error of perception as to those shot hit and whose missed-Can not be completely excluded from consideration-Witnesses once believed both assailants to be convicted without any one of them being found entitled to benefit of doubt-Case one of daylight occurrence, both accused (brothers) equally sharing strong motive of wreaking vengeance of a previous insult and beating, first information report lodged with utmost promptitude and two different types of weapons attributed to two assailants-No question of either mistaken identity or of inherent improbability as regards number of assailants in circumstances, held, could arise Trial Court and High Court believing presence of eye-witnesses and also account furnished by them but proceeding to act on presumptive tendency of complainants to exaggerate facts and rope in innocent persons and acquitting one accused on ground of abundant caution Lower Courts held, erred in ignoring invocation of S. 34, a section fully attracted to facts and circumstances of case.-[Evidence Common intention]. MehbuB Khan v. The King-Emperor 72 I A 148 1 Mamand v. The King Emperor A I R 1946 P C 45 ; Sardar Ali v. The Crown P L D 1956 F C 425 ; Mst. Hamida Bano v. Ashiq Hussain P L D 1963 S C 109 and Hayat v. The State 1957 P S C R 268 ref. (b) Evidence- -Appreciation of -Un-embellished version disclosed with promptitude in initial report containing no inherent improbabilities and prima facie giving a natural and convincing account of occurrence, inspiring confidence and later supported at trial by ocular evidence-Such versions received by Courts without scepticism and usually accepted as true unless a plausible alternative hypothesis revealed by circumstances of case or defence evidence. It is a well-accepted principle that an unembellished version disclosed with promptitude in the initial report containing no inherent improbabilities and prima facie giving a natural and…

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