2022 SCMR 2143
Ss. 302 (b) & 302 (c)---Qatl-i-amd---Reappraisal of evidence---Spur of the moment occurrence without any premeditation---Conviction under section 302 (b), P.P.C. altered to one under section 302 (c), P.P.C.---Sentence, reduction in---Accused was a minor (aged about 14 years) at the time of occurrence; the occurrence had taken place at the spur of the moment and without any preparation or premeditation; the weapon (motorcycle wire lock) used by the accused was ordinarily attached to the motorcycle/cycle for safety and the same without any stretch of imagination could not be termed as a weapon for committing such like crimes---All such aspects when read conjointly with the statement of the accused under section 340(2), Cr.P.C., further strengthened the view that the occurrence had taken place without premeditation and possibility could not be ruled out that the same was result of some trivial altercation/use of filthy language as stated by the accused---Accused had made out a case, which squarely attracted the provisions of section 302 (c), P.P.C.---Conviction of accused under section 302 (b), P.P.C. was altered to one under section 302 (c), P.P.C., and his sentence of imprisonment for life was reduced to the period already undergone by him---Petition for leave to appeal was converted into appeal and partly allowed.
S. 302 (c)---Qatl-i-amd---Reappraisal of evidence---Eye-witnesses of the occurrence were subjected to lengthy cross-examination by the defence but nothing favourable to the accused or adverse to the prosecution could be produced on record---Ocular account furnished by the prosecution was reliable, straightforward and confidence inspiring---Medical evidence available on the record was in line with the ocular account so far as the nature, locale, time and impact of the injury on the person of the deceased was concerned---Eye-witnesses had specifically explained their presence at the spot and given details of the occurrence in a natural manner, which proved that they had witnessed the occurrence---Prosecution had brought on record reliable evidence to sustain the conviction of the accused---Conviction of accused under section 302 (b), P.P.C. was altered to one under section 302 (c), P.P.C.---Petition for leave to appeal was converted into appeal and partly allowed
Qatl-i-amd---Minor discrepancies on statements of eye-witnesses---Effect---On account of lapse of memory owing to intervening period, some minor discrepancies are inevitable and they may occur naturally but the accused cannot claim benefit of such minor discrepancies
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