Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, enhancement of---Case was an open and shut one---Prosecution had adduced witnesses who were very natural in their narration of the circumstances of the case, and had not improved on their statements recorded under S.161, Cr.P.C.---Statement of F.I.R. lodger, who was real brother of the deceased, had given a factual and natural narration; wherein he had named accused and his presence near his house; he had also disclosed the motive of the case---Fact regarding the motive as well as the accompanying of the deceased from the place of occurrence in broad-daylight had not been shattered by the defence---.30 bore pistol along with the cartridges were recovered on the pointation of accused and were taken into custody as evidence---Statement of independent witness who had supported the prosecution case to the hilt, had not been rebutted in any way---Recovered empty shell as well as the .30 bore pistol were sent to the Forensic Science Laboratory, which had been judged as positive and to have been fired from same pistol---Accused in his statement recorded under S.342, Cr.P.C. had taken the plea that the deceased procured the weapon of offence front a roadside plot and tried to use the same on accused; and the fatal bullet hit deceased during the scuffle, resulting in the death of the deceased---Said statement of accused seemed to be a farfetched story---If such statement of accused was rejected as a whole, accused could not be exonerated from the offence---Straight unrebutted case of premeditated murder was on the record against accused, who had been dealt leniently by the Trial Court and no mitigating circumstances existed where lesser punishment could be called for---Sentence awarded to accused under S.302(b), P.P.C. was enhanced from life imprisonment to death sentence for commission of murder of deceased in circumstances. 1998 PCr.LJ 216; 1999 SCMR 1772; 2000 MLD 208; 2004 YLR 1924; 2005 MLD 389; 2008 YLR 508 and 2001 SCMR 290 SC ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 342---Examination of accused---Believing part of the statement of an accused recorded…

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