Reappraisal of evidence --- Incident took place at 6:30 p.m. and the matter was reported to the Police instantly and the FIR was lodged on the same day at 8:40 p.m. i.e. just after two hours of the occurrence -

2023 SCMR 527

Reappraisal of evidence --- Incident took place at 6:30 p.m. and the matter was reported to the Police instantly and the FIR was lodged on the same day at 8:40 p.m. i.e. just after two hours of the occurrence --- Keeping in view the inter se distance between the place of occurrence and the Police Station i.e. 13.5 kilometers , the contention that the FIR was delayed had no force -- Occurrence took place in the broad daylight whereas the parties were known to each other , therefore , there was no chance of misidentification Although both witnesses of ocular account were not residents of the locality where the occurrence took place but they had reasonably explained their presence at the place of occurrence at the relevant time by stating that they had come to the house of their maternal unclo in connection with the matter of their land - Defence side did not deny anywhere that the said I witnesses had no land in the vicinity --- Presence of the said I witnesses in the house of their maternal uncle could not be termed as unnatural --- Said prosecution witnesses were subjected to lengthy cross - examination by the defence but nothing favourable to the accused or adverse to the prosecution could be brought on record --- Both of them remained consistent on each and every material point inasmuch as they made deposition according to the circumstances that surfaced in the case --- Medical evidence available on the record further corroborated the ocular account so far as the nature , time , locale and impact of the injuries on the person of the deceased was concerned --- Injuries ascribed to the accused on the body of the deceased were found available by the doctor , who conducted postmortem examination --- Counsel for the accused could not point out any plausible reason as to why the complainant would falsely involved the accused in the present case and let off the real culprit , who had committed murder of his real brother ... Substitution in such like cases was otherwise . a rare phenomenon --- Sufficient evidence was available to sustain the conviction of the accused under section 302 ( b ) , P.P.C .--- Appeal was dismissed .

 Prosecution witnesses related to the deceased -- Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony of such witnesses .