Law:

Section:

(a) Penal Code (XLV of 1860)-----Ss. 302, 148 & 149--Evidence--High Court being of view that role attributed to two of accused by eye-witnesses was highly improbable for they were alleged to have fired at deceased from a place where deceased could not have been possibly visible to them--Eye-witnesses stating that firing was on a large scale but had it been so the deceased would have received many more injuries than were found by the doctor-­Reasons given by High Court in not placing reliance upon eye-witnesses not insubstantial--Doctor finding blackening around entry wounds of deceased which showed that deceased was shot at from a much closer range than what eye-witnesses had stated--Eye-witness account, held, could not, in circumstances, be safely accepted without corroboration. (b) Penal Code (XLV of 1860)- ---S. 302--Evidence--Empty cartridge picked from scene of occurrence found to have been fired from gun recovered from possession of accused--Such evidence believed by both Trial Court and High Court--No justification for taking a different view in the mattes and there could be, therefore, little doubt that accused was one of the persons who had fired at deceased-- Accused's conviction for offence under S. 302, P.P. C. held, was fully justified. (c) Penal Code (XLV of 1860)- ---Ss. 302, 148 & 149--Criminal Procedure Code (V of 1898), S. 417-­Appeal against acquittal--No corroboration of whatsoever nature available to support ocular testimony with regard to participation of accused in occurrence--Acquittal of accused, held, was justified in circumstances. (d) Penal Code (XLV of 1860)-- ---S. 302--Sentence--Trial Court in imposing upon accused lesser penalty (imprisonment for life) prescribed for offence under S. 302, P.P.C., giving reasons for doing so--High Court, without recording any finding that reasons advanced by Trial Court were perverse or that sentence awarded by it was grossly inadequate, enhancing accused's sentence to death--High Court, held, was not justified in interfering with discretion exercised by trial Court in circumstances of case--Sentence of death imposed upon accused set aside and instead imposed imprisonment for life but…

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