Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-i-amd---.---Appreciation of evidence---.---Complainant and prosecution witnesses who had put forth the ocular account of the occurrence, were cross-examined in length, but their credibility was not shattered---.---Prosecution witnesses who were brothers of the deceased, their ocular account was worth believing as their presence on the spot was natural---.---Close relationship of prosecution witnesses, would not adversely affect their evidence because their testimony had been fully and sufficiently corroborated by other circumstantial evidence including medical version and site plan---.---Related and inimical witnesses, could be believed and could not be discarded on that ground alone---.---Accused being co-villagers of the prosecution witnesses, the question of mistaken identity would not arise---.---Prosecution witnesses were truthful witnesses and their deposition was confidence-inspiring---.---Had the prosecution witnesses intended false implication, they would have also involved acquitted accused by attributing him material role, but that course was not adopted, which reflected the honest conduct of the eye-witnesses and ruled out false implication---.---Prosecution witnesses had alleged the motive to be the dispute of landed property, however, motive alone would not come in the way of prosecution, if there was otherwise strong, confidence-inspiring, unimpeachable and reliable evidence in support of prosecution case---.---No discrepancies had been pointed out by accused in the site plan, which otherwise was not a substantive piece of evidence, but it would only give an idea to the Trial Court to record a correct conclusion---.---Recoveries of big number of empties from the spot would commensurate with the number of injuries on the persons of deceased as well as the role of firing by two persons with two rifles---.---Occurrence had taken place in the manner as described by the prosecution witnesses and there was no scope for false implication of accused persons by the prosecution witnesses---.---Delay of two hours in lodging the report, had sufficiently been explained---.---Prosecution was able…

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