Law: Penal Code (XLV of 1860)

Section: 302 , 324

  Penal Code (XLV of 1860)--- ----Ss.302 & 324---Appreciation of evidence---Ocular account was furnished by independent witnesses which was confidence inspiring and was corroborated by medical evidence, recovery of blood-stained Chhuri at the instance of accused and evidence of motive---Accused was named in F.I.R. and the occurrence took place in broad daylight, hence no question of mistaken identity of accused could arise--Presence of eye-witnesses at the scene of occurrence could not be doubted---Presence of one eye-witness on the spot was even admitted by accused---Recovery of Chhuri was proved by independent evidence and same was found stained with human blood---Prosecution; held, had proved its case against accused beyond any shadow of doubt---Conviction was maintained. Penal Code (XLV of 1860)--- ----S.302---Sentence---Accused had committed gruesome murder of an unarmed person and deserved no leniency---Sentence of death imposed upon accused was, therefore, confirmed. Criminal trial--- ---- Prosecution must affirmatively prove its own case, the onus for which remains on it throughout. Criminal trial--- ---- Accused has to prove his special plea that may be set up by him in defence, but not to the same degree of certainty beyond a reasonable doubt, such as is necessary for the prosecution to establish the guilt of accused. Criminal trial--- ---- Appreciation of evidence---After an over all examination of the whole case i.e. the case as made out by prosecution and defence, putting both in juxtaposition in the context of entire evidence adduced, if any doubt arises regarding veracity of prosecution case or if defence version seems reasonably possible although not decisively established, the resultant situation has to be construed in favour of accused. Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qanun-e-Shahadat (10 of 1984), Art. 46---Dying declaration--Deceased  was  not  in  imminent  danger  of  his  life  when  his  statement  was   recorded---Formalities laid down for recording dying declaration were, thus, not observed---Such statement, however, was relevant under Art. 46…