Law:

Section:

(a) Penal Code (XLV of 1860) S. 302 [Murder case] Appreciation of evidence Variation in statements of eye witnesses not existing on factual plane and allegation regarding record having not indicated any such thing not correct ¬Contention regarding lower Court having erred in giving benefit of doubt to accused on trivial variations and should have been ignored in favour of prosecution also not correct Movements of accused at time of attack, question as to from where accused collected their arms, how they came out and with what weapons and who fired in what circumstances Held, not trivial matters so as to be ignored by Court in appreciation of evidence. [Evidence]. (b) Penal Code (XLV of 1860) --S. 302 [Murder case] Appreciation of evidence Criminal appeal ¬Benefit of doubt Fact of eye witnesses being not unanimous on a point creating 'doubt about presence of such accused at time of and participation in occurrence especially when matter such as could allow no possibility of making any mistake Pistol allegedly taken into custody by police yet no crime empties found on spot to match pistol or establish its use in occurrence Question of appreciation and evaluation of evidence qua participation of accused being within province of High Court and if in circumstances as above High Court extended benefit of doubt to accused, order of High Court, held, cannot be said to suffer from any such legal or factual infirmity as to warrant interference by Supreme Court. [Evidence]. Noora and another v. The State P L D 1973 S C 469 ref. (c) Penal Code (XLV of 1860) ---S. 302 [Murder case] Sentence Mitigating circumstances High Court finding existence of no previous enmity between parties and matter having flared up due to exchange of abuses Accused having been sitting outside their own baithak and deceased himself having gone to such place and initiated quarrel Accused blamed by deceased for molesting women folk of other village and such in its own nature a very humiliating accusation especially when coupled with abuses-¬Possibility of mishandling situation by deceased and some heat of passion Held, cannot be ruled out and High Court's view of extreme penalty of death being not…

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