Law:

Section: 302(6),324,337-F(iii),148,149

(a) Penal Code (XLV of 1860)---.--- ---.---Ss. 302(6), 324, 337-F(iii), 148 & 149---.---Qatl-e-amd and attempt to commit qatl-e-amd---.---Appreciation of evidence---.---One person had lost his life in the incident, while six persons received injuries among whom four appeared before the court and fully supported the prosecution case---.---Ocular account in the case was corroborated by the medical evidence furnished by Doctor regarding injuries on the persons of four injured prosecution witnesses---.---F.I.R. was promptly lodged---.---Superintendent of Police (Investigation) opined that it was the complainant party who was the aggressor, but the defence had not produced any witness to substantiate his version---.---Even otherwise opinion of police was inadmissible in evidence---.---Said statement of Superintendent of Police (Investigation) was of no avail to accused persons---.---None of the defence witness had received any injury during the course of occurrence---.---If both the versions i.e. the prosecution version and the version suggested by the defence were taken into juxtaposition, then the prosecution case appeared to be more plausible and convincing---.---Motive set out by the prosecution, the nature of injuries sustained by the injured and other circumstances of the case had suggested that it was a fight which sparked suddenly---.---Provisions of Ss.148 & 149, P.P.C., in circumstances, were not attracted and each of accused person was responsible for his individual act---.---Since none of accused had caused any injury to the deceased, conviction and sentence of all the four accused persons recorded under S.302(b)/149, P.P.C. for the murder of deceased, was set aside and they were acquitted from the said charge---.---Conviction and sentence so recorded under S.148, P.P.C. was also set aside and they were also acquitted from the said charge, however, conviction and sentence of three accused persons under S.324, P.P.C. and the injuries caused by them to the respective injured persons were maintained---.---Sentence of said accused persons under S.324, P.P.C. already served was treated to be sufficient to meet the ends of justice, however, the…

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