Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Motive of occurrence was that deceased had caught appellant red handed while stealing chicks and he abused appellant and also gave him slaps--Ocular account was furnished by complainant who stated that he alongwith other PWs went to supply food to deceased and in their view appellant fired three shots at deceased which hit him on right side of neck and as a result thereof he died at spot--Doctor who conducted post-mortem while appearing as PW supported ocular account on point of seat of injuries and weapon of offence--Time of occurrence stated by complainant was fully corroborated by medical evidence--It was a promptly lodged FIR registered without any deliberation--Appellant's plea that he has been falsely implicated in instant case falls to ground--Mere fact that eye-witnesses are related to deceased ipso facto is not a legitimate reason to discard their version who had no previous ill-will animosity or motive to falsely implicate appellant--Stance of eye-witness was further corroborated by investigating officer PW who found appellant guilty for murder of deceased--Ocular account is up to required standers and no inherent defect is surfacing in prosecution evidence--In case of single accused substitution is a rare phenomenon--Prosecution has successfully proved charge against appellant beyond a reasonable doubt--Trial Court was justified in convicting appellant for an offence u/S. 302(b), PPC--Appeal dismissed to extent of his conviction recorded by trial Court for an offence u/S. 302(b), PPC but keeping in view prime youth of appellant appeal was partly allowed to extent of his sentence. PLJ 1993 Cr.C. 232, PLJ 1983 SC 19, NLR 1994 Criminal 411 & PLD 1964 SC 26, ref. Evidence-- ----Quality of--Courts have to weight quality of evidence and not quantity--Even in a murder case testimony of a single reliable witness is enough to base conviction--It ocular account is coherent, consistent, trustworthy and confidence inspiring, minor discrepancies cropping up in prosecution evidence without touching intrinsic value are of no avail to defence. Determination of Age-- -…

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