Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Specific motive was asserted for commission of offence---Accused had asserted existence of previous enmity between him and brothers of the deceased, who being complainant had falsely involved him in the case, but while one of said two brothers appearing as prosecution witness, got recorded his statement, no such suggestion was made to him---In the present case though disclosure was alleged to have been made by accused, while pointation of the site was also allegedly made by him, but the crime weapon was not recovered by the Investigation authorities---Disclosure made by accused before the Police though was of less value, but the eye-witnesses of the occurrence, had fully implicated accused in the commission of offence---No contradiction existed in the statements of both the witnesses recorded before the court during trial---Sufficient evidence was available against accused to implicate him in the commission of offence---Nothing was on record from which it could be ascertained, that the Trial Court restrained accused from producing evidence in his defence---Trial Court had properly assessed the material placed on record and also arrived at correct conclusion---Accused had failed to establish any ground on basis of which interference could be made in the impugned ---Lenient view had already been taken by the Trial Court, no further reduction was required in the matter--Accused having failed to make out case in his favour, impugned of the Trial Court was upheld. THIS JUDGMENT DELIVERED BY: MRS. SYEDA TAHIRA SAFDAR, J.--- Instant appeal is a jail appeal wherein the convict is aggrieved of judgment dated 18-3-2009 of Additional Sessions Judge, Lasbella at Hub, whereby he has been convicted for the offence punishable under section 302(b), P.P.C., while sentenced to suffer imprisonment for life with fine of Rs.100,000 to legal heirs of deceased Haji Muhammad Ramzan in terms of section 545 Cr.P.0 and in case of default further suffer simple imprisonment for one year. It is contention of the appellant that he has no knowledge about commission of the offence, he being falsely involved in…

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