Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Matter was reported to the police with sufficient promptitude without deliberation or consultation by the complainant---Complainant and other prosecution witness had sufficiently explained the mode and manner of the occurrence, place of occurrence, locale of injury sustained by the deceased, and kind of weapon used---Both said witnesses were subjected to lengthy cross-examination by the defence, but both of them remained consistent on all material aspects and successfully given answers of all the questions raised by the defence---Deceased, though was brother of the complainant, and maternal nephew of prosecution witness, but mere relationship of the deceased with those two prosecution witnesses was not enough to discard their testimony, especially when they both had no personal ill-will or malice against accused to falsely involve him in the case---Presence of the prosecution witness at the place of occurrence at the relevant time was substantiated from the post-mortem examination report---Parties being residents of the same locality and being known to each other, there was no possibility of mistaken identity of accused---Real brother would let off the real culprit who committed the murder of his brother and involved a false person did not appeal to a prudent mind---Ocular account furnished by both eye-witnesses had fully been proved through their sound, cogent, motivating and confidence-inspiring evidence led by them before the Trial Court---Medical evidence was absolutely in line with the ocular account---Post-mortem examination report fully corroborated the ocular account regarding receipt of injury, weapon of offence used by accused, and time between injury and death---Much time having elapsed between the occurrence and the statement of prosecution witnesses recorded by the Trial Court, minor discrepancies, were natural and those did not have any injurious or vital effect upon the case of the prosecution---Recovery of pistol .30 bore, also provided sufficient support to ocular account---Case being of single accused, substitution was a rare phenomenon---Defence taken by…

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