Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)-Appreciation of evidence---Report lodged by deceased regarding theft of his motorcycle---Accused had grievance against deceased for suspecting him to have committed theft of motorcycle and for same grudge fired at deceased while trespassing into his house---Occurrence took place in courtyard of house of deceased within sight of complainant and his paternal-uncle being natural witnesses---No false implication or substitution of accused for unknown culprit was suggested to such prosecution witnesses nor did they have malice against accused to involve him in murder of deceased---Maternal-uncle of deceased and his neighbourer on hearing noise had rushed out of his house and having seen accused running in the street made an att6mpt.to apprehend him, but could not succeed---Maternal-uncle of deceased' had narrated facts in natural sequence and supported prosecution without any exaggeration---Medical evidence supported ocular account to the extent of sustaining fire-arm injury by deceased---Accused was identified by prosecution witnesses in electric light in courtyard of the house and while running in the street---Conclusion drawn by Courts below regarding guilt of accused was upheld. (b) Criminal trial--- ----Eye-witness---Minor discrepancies and contradictions in evidence of eye-witness---Not to affect credibility of evidence of eye-witness or create any doubt or dent in prosecution case. (c) Penal Code (XLV of 1860)--- ----S. 302---Sentence---Mitigating circumstance---Single fire-arm injury on lower part of body of deceased causing fracture on his leg---Deceased was taken to hospital at place "G" in injured condition for medical aid, but was referred to hospital at place "F" and on the way his condition became serious, thus, was brought back to hospital at place "G"---Deceased in such process for want of proper care and medical aid expired due to extensive bleeding---Life of deceased could be saved, if proper medical aid would have been provided to him at place "G"---Such circumstance would certainly provide some mitigation for lesser punishment---Death sentence awarded to accused was reduced to life imprisonment in…

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