Law:

Section:

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-e-amd---Appraisal of evidence---Complainant was not the eye-witness of the occurrence---Eye-witnesses had been rightly disbelieved by High Court---Question was as to whether the defence taken in the cross-examination, which was abandoned by the accused in his statement recorded under S.342, Cr.P.C., could be made basis for convicting him---Any stand taken by the accused in the cross-examination was merely in the form of suggestion---Even several defences taken by accused would not improve the prosecution case, which would stand on its own evidence---Had the accused taken such defence in his statement under section 342, Cr.P.C., the same could have been validly taken into consideration---Accused had examined two defence witnesses to the effect that he was being abducted by the deceased and his companions, but they did not state anything about scuffle between the accused and the deceased---Even in cross-examination it had not been specifically suggested or shown as to who was armed with knife and caused injuries to the deceased---Two interpretations of the evidence being possible, one favouring the accused would be adopted---Stand taken by accused in the cross-examination did not show that he had caused injuries to the deceased---Evidence appearing in the cross-examination was not put to the accused in his statement under S.342, Cr.P.C. enabling him to explain the circumstances, particularly when the same had been abandoned by him, and it, therefore, could not be used against him---Accused was acquitted in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Stand taken by accused in cross-examination---Value---Any stand taken by accused in cross-examination is merely in the form of suggestion---Accused can take several defences, but that will not improve the prosecution case, which has to stand on its own evidence. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Principle---When two interpretations of evidence are possible, one favouring the accused and the other favouring the prosecution, then the one favourable to the…

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