It was a broad day light occurrence, which took place in a thoroughfare surrounded by the residential houses and the same was reported to the police within the shortest possible time. All this rules out every possibility of fabrication and consultation prior to the registration of the crime report. The complainant well established her presence at the venue of occurrence at the relevant time and she remained firm and consistent on all material particulars of the incident including role of the appellant for causing fire arm injuries to the deceased being supported with the medical evidence. The motive is directly linked against the appellant, which has been established by the prosecution beyond shadow of reasonable doubt. Though the recovery of weapon of offence from the appellant remained inconsequential being not found wedded with the crime empties already secured from the place of occurrence, the same being corroboratory piece of evidence, cannot be given preferential status to the overwhelming confidence inspiring ocular account as well as the medical evidence and for that very reason, the appellant has rightly been benefited for not awarding him capital sentence.
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