Law:

Section:

(a) Penal Code (XLV of 1860)---- -- S. -302-Murder-Appreciation of evidence-Prosecution witness admitting that his family had criminal litigation with accused-Evidence of such prosecution witness duly corroborated by other independent and natural witnesses, having no motive or indication to falsely im­plicate accused, held, could not be thrown out merely on that score,­[Witness--Evidence]. (b) Penal Code (XLV of 1860)---- -_- S. 302-Murder-Appreciation of evidence-Minor discrepancies appearing in statement of prosecution witnesses recorded after 7J years of occurrence-No importance, held, could be given to such discre­pancies in circumstances.-[Evidence]. (c) Penal Code (XLV of 1860)---- -- S. 302-Murder-Identification -Day time occurrence-Accused known to prosecution witnesses and deceased -No difficulty in identify­ing accused, held, would have been felt by such witnesses.-[Identifica­tion]. (d) Penal Code (XLV of 1860)---- S. 302-Murder-Dying declaration-Police Officer recording dying declarations taking all necessary precautions-Dying declaration record­ed after obtaining certificate of fitness of deceased from doctor and omission of deceased to mention in such dying declaration about another injured person appearing quite natural as after receiving 14 gun­shot injuries he could not be expected to observe or notice as to who else had been injured and as to whose pellets bad struck-Dying declaration of such injured who had no malice or ill-will against accused to falsely implicate also fully implicating accused-Prosecution, held, succeeded in bringing home guilt to accused beyond all shadows of doubt.-[Dying declaration]. (e) Penal Code (XLV of 1860)---- -- S. 302-Murder-Appreciation of evidence-Motive-Accused not denying but admitting story of motive as given by prosecution-Accused, held, rightly convicted in circumstances.-[Motive]. (f) Penal Code (XLV of 1860)---- -- S. 302-Murder-Appreciation of evidence-Abscondence of accused-No documentary evidence led to prove that accused was absconding-No proclamation, warrants to arrest or any report about abscondence of accused produced-Both prosecution as well as defence witnesses establishing that accused was…

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