Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860) S. 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of the accused on the spot at the time of occurrence highly doubtful---Accused was charged for committing murder of the husband of complainant and another person by firing---Complainant reiterated same story as narrated in the FIR---Complainant, however, admitted during cross-examination that she attended her husband after 2/3 minutes of the occurrence, which clearly suggested that she did not witness the occurrence which had already occurred before her arrival to the spot---In such state of affair, presence of the accused on the spot at the time of occurrence was highly doubtful---On further perusal of the cross-examination of complainant, it was evident that the same was not corroborated by any other independent evidence, hence, could not be believed for sustaining conviction---Circumstances established that the prosecution had failed to prove its case against the accused beyond any reasonable shadow of doubt---Appeal against conviction was allowed, in circumstances. (b) Penal Code (XLV of 1860) . 302(b)---Qatl-i-amd---Appreciation of evidence---Presence of eye-witnesses at the spot doubtful---Accused was charged for committing murder of the husband of complainant and another person by firing---Alleged eye-witness SA although was not mentioned in the FIR as an eye-witness, however, while preparing the site plan, the Investigating Officer had shown said witness along with HR , as the eye-witnesses of the occurrence---Said witness reiterated the same story as narrated in the FIR, however, during cross-examination, he stated that they left the spot for the hospital after about 5/6 minutes of the occurrence and reached there at about 11:30 a.m.---According to this witness, the hospital was at a distance of one hour drive from the house of the deceased---Said witness stated that the dead-body of the deceased was shifted to the hospital in a motorcar, however, that fact was neither mentioned by him in his examination-in-chief, nor in his statement recorded under S.161, Cr.P.C.---Said witness was unable to tell about the registration number of the motorcar through which the…