Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Appeal against--Death sentence confirmed--Ocular account--Unimpeachable character--A man who had no grudge against appellants nor he had any special relations with complainant--He stood firm to his stance as to occurrence perhaps finding it a duty on his part to furnish first hand evidence regarding gruesome murder of two innocent brothers in their prime youth--Accordingly, his solitary statement being natural, direct and confidence inspiring is accepted as a solid piece of evidence--There was nothing on record to suggest that deceased or complainant had some malafide to involve appellants--There was no valid reason to disbelieve dying declaration coupled with last seen evidence provided by complainant that finds support from statement of PW--Site-plan is of no significance because site-plan has never been considered as a substantive piece of evidence and is always required as a corroborative piece of evidence--Where ocular account is fully established through candid, honest and straight narration of facts by prosecution witnesses that finds full support and corroboration from other independent evidence on record--Proof of motive or otherwise is of no consequence or relevance because it is a double edged weapon and for commission of offence--It is a case where its weakness or even absence had played no role as peculiar facts and circumstances of case did not require to prove it absolutely--Role assigned to proclaimed offender, who inflicted injury on neck of deceased, if PW had told about him to complainant soon after occurrence then as to why he was not nominated in complaint made to local police--This contradiction is there but considering it with surrounding circumstances of case, tremendous agony that had to be faced by complainant and his family members cannot be ignored--So, it is possible that he either might have lost memory due to shock or it is human error on his part--On this score alone, his whole statement cannot be brushed aside which covers all material details of occurrence duly supported by PW--Sentence of appellants was upheld--Appeal…

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