Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Sentence, reduction in---Case of prosecution was that accused after beating his wife (deceased), set her on fire, due to which she expired---No direct evidence was indicating that accused, after sprinkling Kerosene Oil or in any other manner, set deceased on fire---Complainant/father of deceased, had only deposed that accused was drug-addict person and used to beat his wife/deceased---On the day of incident, complaintant was not present on the spot and, subsequently, he, on receiving information about the incident, came to the house of accused and saw his daughter dead---Overall circumstances indicated that accused had not committed the Qatl-i-Amd of his wife with the intention of causing bodily injury to her, while in the ordinary course of nature was likely to cause the death or with the knowledge that his act was so imminently dangerous that it must in all probability cause death of the deceased as defined under S.300, P.P.C..-No such evidence was available that the injuries sustained by the deceased were actually the cause of her death---Charge against accused under S.302(b), P.P.C. had not been proved---Evidence which had come on record was that accused had beaten the deceased lady, due to which she lost her temper and after sprinkling kerosene oil she set herself on fire---Prosecution had failed to prove the charge against accused under S.302(b), P.P.C. and evidence. available on record led to the conclusion that a case under S.337-A(i), P.P.C. was made out against accused for causing injuries to the deceased as mentioned in the medical report---Charge under S.302(b), P.P.C. was altered to that of S.337-A(i), P.P.C. and accused was convicted and sentenced under section 337-A(i), P.P.C. and he was sentenced to two years' R.I. etc. (b) Criminal trial--- ----Duty of prosecution---Prosecution no doubt was duty bound to prove the case against accused, however in case, specific defence was put forward, accused had to prove that his plea was reasonable, true and possibility could not be ruled out that he was compelled to act due to such circumstances---If no such direct evidence had come on…

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