Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 429,544-A

Law: Evidence Act (I of 1872)

Section: 32

(a) Penal Code (XLV of 1860)  S. 302-[Murder case]-Accused having grouse against deceased for being scolded for gambling and eventual grappling, accosting deceased and shooting him dead in presence of witnesses chatting with deceased-Accused taking to heels, chased by witnesses and eventually felled to ground by firing of alerted villagers-Gin-powder smelling gun found lying by accused's side-Accused admitting guilt to some witness and entreating another to save him but to some other stating to have fired at deceased when deceased fired at him -First Informa tion Report lodged by accused admitting his presence at place where he was felled by firing, charging none nor giving any details of firing but admitting deceased to have also been hit and fatally injured Accused identified from close quarters and no difficulty possible in identification-Principal eye-witnesses related to both parties and not possible for them to implicate accused for heinous crime of murder but for strong and cogent reasons-Prosecution witnesses disinterested and having no ulterior motive against accused-Accused's version falsified by circumstances-No trail of blood between hujra where deceased got injured and place where accused got wounded-Guilt, held, fully brought home to accused. (b) Criminal Procedure Code (V of 1898) S.429-Difference of opinion between two Judges-Case laid before another Judge-Whole case, and not merely points of difference, gets referred. (c) Evidence Act (I of 1872) S. 32-Confession-Meaning and scope. A confession is an admission by an accused person wherein he states the commission of the offence. The test to determine whether the statement amounts to confession is whether the statement admits in terms the offence. Exculpatory statements denying guilt, do not amount to confession. Similarly where an accused admits the killing but asserts that it was done in 'self- defence is not a confession. (d) Criminal Procedure Code (V of 1898) S. 544-A-Compensation-Obligatory on Court while sentencing accused in cases like that of murder to award compensation to deceased's heirs unless reasons compel adoption of contrary course--- No reason assigned by…