Law: Penal Code (XLV of 1860)

Section: 302/353/186/34

Penal Code (XLV of 1860)---   ----Ss. 302/353/186/34---Appreciation of evidence---Material facts relating to the taking place of the occurrence in a street and killing of deceased police officer while he was on duty, were not deniable--¬Presence of constables being on duty with deceased at the relevant time was established---None of the witnesses had personal motive or grudge against any of the accused persons who were not even previously known by any of the said witnesses---Deceased police officer and police constables having raided on basis of information regarding activities of the accused, truthfulness of the prosecution story through the testimony of natural witnesses, could not be doubted---Occurrence had taken place in a broad daylight in a street near Bazar and number of people though must have gathered at the spot, but non-production of any of the persons of the locality was understandable as no one could dare to make statement against the accused who had a criminal history and was peddler in the narcotics---Deceased `after the occurrence was taken to the hospital by fellow constables and nothing was on record to suggest that either said constables were not on duty with deceased police officer or they were introduced as eye-witnesses of the occurrence subsequently ---Eye¬ witnesses account furnished by the companion constables of the deceased, except minor discrepancies and contradictions was consistent, truthful and of unimpeachable character---Said witnesses being stranger to the accused, had no reason either to make a false statement or substitute them for unknown culprits ---Co-accused in his statement under S. 342, Cr.P.C. had admitted that he was dealing in narcotics and that the police used to receive Bhatta from him---Such admission would support prosecution story to the extent that deceased on receipt of information of the activities of the accused raided on him---Evidence of recovery of empty and its matching with the pistol recovered from the accused, even if excluded from consideration, still the prosecution case would be proved through the direct evidence of independent and natural evidence of constables---Ocular account would alone…

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