Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,173,340(2),342,345

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---Widow of deceased had given very natural and confidence-inspiring ocular account of occurrence, whose presence on the spot at the relevant time was even admitted by the accused in his statement recorded under S.342, Cr.P.C. as well as by the defence witnesses-Ocular testimony was corroborated by medical evidence---No crime empty having been secured from the spot, recovery of gun was of no consequence, but it would not affect the probative force of the confidence-inspiring ocular account given by the widow of the deceased---Defence version seemed to be very absurd and the defence witnesses instead of supporting the same had rather supported the prosecution version qua the mode and manner of occurrence and presence of the widow of the deceased at the time of incident and involvement of accused in the crime---Motive behind the murder alleged in the F.I.R. had been proved through cogent evidence---Although eye-witness account furnished by two other prosecution witnesses had been disbelieved, yet quality of evidence and not the quantity of evidence had to be considered for a just conclusion of the matter---Solitary statement of the widow of the deceased was sufficient to maintain the conviction and sentence of accused---Partial compromise in a murder case was not permissible---Accused had murdered an innocent person in daylight without any legal and plausible justification---No mitigating circumstance existed in favour of accused---Conviction and sentence of accused were upheld in circumstances. Sh. Muhammad Aslam and another v. Shaukat Ali alias Shauka and others 1997 SCMR 1307 ref. (b) Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---Principle---Not the quantity of evidence, rather it is the quality of evidence which is to be considered for just conclusion of a matter. (c) Penal Code (XLV of 1860)--- ----S.302(b)---Criminal Procedure Code (V of 1898), S.345---Compromise---Partial Compromise in a murder case is not permissible. Sh. Muhammad Aslam and another v. Shaukat Ali alias Shauka and others 1997 SCMR 1307 and Hamid v. The State 2003 SCMR 416 ref. THIS JUDGMENT…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492