2021 Y L R 1993
Penal Code (XLV of 1860)---
----Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Delay of five hours in lodging the FIR---Effect---Accused was charged for committing murder of the brother of the complainant and injuring other person by firing---Record showed that the FIR was lodged promptly on the same day of the incident after only a slight delay of five hours---Said slight delay based on the facts and circumstances of the case had been fully explained as the deceased and witness were injured at the time when they were shot as such the priority was to get them to the hospital for treatment as opposed to rushing to lodge and FIR---No time was available to the complainant to cook up a false case in collusion with the police---Appeal against conviction was dismissed, in circumstances.
----Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Accused was charged for committing murder of the brother of the complainant and also injured other person by firing---Record showed that the4 accused was named in the FIR and had been given the specific role of firing on the deceased which bullet passed through the deceased and also hit the witness---Ocular account of the incident had been furnished by three witnesses including complainant, (injured) and a witness---Complainant was a natural witness, who knew the accused as they were neighbours and it was a day time incident---Reason for the firing was a dispute over construction and as such the identity of the accused was not doubtful---No enmity between the complainant, deceased or any other witness existed as admitted by the accused in his evidence---Complainant had no reason to falsely implicate accused in the case---Evidence of complainant was not damaged during cross-examination, as such evidence of complainant was considered to be reliable, trust worthy and confidence inspiring and reliance could be placed and believed the same---Eye-witness was the contractor and was present on the roof of the house during the construction work, therefore, he was a natural witness and not a chance witness---Said contractor, in his evidence, corroborated complainant in all material respects---Injured eye-witness corroborated the evidence of the other two eye-witnesses but stated in his evidence that he did not see as to who shot him---Said witness was a natural witness who had no reason to falsely implicate anyone and as such his evidence was believable---Injured witness appeared to have been behind the deceased as the bullet passed through the deceased and then hit him, it might well be that he did not see or know who shot him---All the witnesses were consistent in their evidence and even if there were some contradictions in their evidence, which were minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the conviction of the accused---Evidence of said witnesses provided a believable corroborated unbroken chain of events from the exchange of hot words between the accused and the complainant party about the construction work to the murder of the deceased on the roof by the accused by fire-arm to the arrest of the accused and the recovery of the murder weapon (pistol) on his pointation---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt---Appeal against conviction was dismissed, in circumstances.
----Witnesses---Statement of sole eye-witness---Scope---Conviction could be made even, if the direct oral evidence of one eye-witness is reliable, trust worthy and confidence inspiring.
----Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Ocular and medical evidence---Corroboration---Accused was charged for committing murder of the brother of the complainant murder of the brother of the complainant and also injuring other person by firing---Record showed that the medical evidence was corroborative/ supportive of the eye-witness evidence in terms of the number of injuries received by the deceased and the injured, the place where the injuries were received and the weapon used to inflict those injuries fire-arm---Appeal against conviction was dismissed, in circumstances.
----Ss.302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Recovery of weapon and crime empty---Reliance---Scope---Accused was charged for committing murder of the brother of the complainant and also injuring other person by firing---Only one empty was recovered from the scene of the incident which corroborated the prosecution story whereby only one shot was fired---Accused after his arrest took the police to his house and showed them the iron box in which he had hidden the murder weapon, which only he could have known about and not the police---Recovered pistol and empty proved positive in the Forensic Science Laboratory Report---Even if there was some delay in sending the empty and or the pistol to the Forensic Science Laboratory that was not fatal to the prosecution's case, especially when there had been no suggestion of any tampering---Appeal against conviction was dismissed, in circumstances.
----Witness---Evidence of Police Officials---Scope---Police witnesses were as reliable as any other witness unless any illwill or enmity had been attributed to them.
----Witness---Related and interested witness---Statement of related and interested witness---Reliance---Scope---Relation did not make witness interested witness and unreliable, unless he had reason to falsely implicate the accused or he was biased, or partisan to the accused.
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