Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),392

Law: Criminal Procedure Code (V of 1898)

Section: 242,342,544A

Law: Azad Jammu and Kashmir Islamic Laws (Enforcement) Act, (IX of 1974)

Section: 25

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-amd---Reappraisal of evidence---Witnesses though were inter se related to the deceased, but the evidence of a witness could not be discarded merely on the basis of relationship---Related witness was as competent witness as any other witness provided his evidence was confidence inspiring; and he had no motive to implicate accused in a false case---Defence had neither suggested any enmity of the witnesses with accused, nor any such proof had been brought on the record---Mere some suggestions could not be made basis for declaring the witnesses as inimical towards accused---All alleged injuries on the person of accused were simple in nature and mere injuries on the person of accused could not be attributed to the complainant party---In absence of specific version of accused that occurrence did not take place in the manner as alleged by the complainant, rather the occurrence took place in a different manner; and accused was attacked by them, it could not be said that the witnesses had deliberately suppressed the injuries of accused---Police failed to investigate alleged counter version, whereas, when accused put a counter version, then it was obligatory for the Investigating Agency to investigate the matter---Evidence of the witnesses appeared to be confidence inspiring and trustworthy---Trial Court and the Shariat Court (AJ&K) had correctly placed reliance on the evidence of the eye-witnesses---Recovery of crime weapon of offence on the pointation of accused, the recovery of crime empties, and the report of Ballistic Expert, had shown that the crime empties had been fired from the same weapon of offence i.e. the .12 bore gun recovered on the pointation of accused---Post-mortem report showed that the deceased died due to firearm injury---Time of occurrence was not disputed---Motive had been proved by the statement of the complainant---No contradiction existed between the F.I.R. and the statements of the witnesses---Version taken by the complainant in the F.I.R., was supported by the witnesses---Trial Court and Shariat Court, committed no illegality in appreciating the evidence---Prosecution proved its case against…

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