Law: Penal Code (XLV of 1860)

Section: 302/149

Penal Code (XLV of 1860)---- -----Ss. 302/149—Appreciation of evidence ---Four accused persons were arrested at the spot and police officer who arrested them in his exhaustive statement had narrated the manner and modes of their arrest and such statement of Police officer which inspired confidence was further corroborated by statement of other prosecution witness—Spot arrest of accused had spoken of involvement of the accused in the commission of crime in question in high tone---recovery of weapons was also made from possession of the accused at the time of their arrest---Police secured eight empties of bullets and cartridges from the spot---Such piece of evidence afforded maximum corroboration regarding the guilt of the accused---Police though did not dispatch the recovered weapons to the Forensic science Laboratory for comparison purposes, but fact was that same were recovered from possession of the accused at the time of their arrest--- Independent witness produced by the prosecution had no adverse interest against the accused and had no reason to furnish false voucher against the accused to implicate the accused wrongly in the case---Presence of said witness produced by the prosecution had no adverse interest against the accused and had no reason to furnish false voucher against the accused and had no reason to furnish false voucher against the accused to implicate the accuse wrongly in the case---Presence of said witnesses at the spot could no be doubted and they all supported F.I.R. version whole heartedly---All said witnesses attributed fatal injury to the accuse on head of the deceased and part played by the accused coincided with medical evidence---Deceased was husband of sister of complainant and it could not be imagined that complainant would spare actual killer of his brother-in-law just to involve another innocent person---Participation of complainant in occurrence o n the strength of ocular account, medical evidence and motive was fully proved---Mere fact that remaining accused had earned acquittal on the basis of multifarious reasons would not constitute ground to smash case of prosecution qua the accused---F.I.R. was promptly lodged---Alleged…

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