Law: Pakistan Penal Code, 1860

Section: 302(b),34

Law: Criminal Procedure Code (V of 1898)

Section: 382B

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd, common intention---Occurrence which was daylight, was reported to the Police without any delay implicating accused with specific role of causing injuries to the deceased, more than three in numbers---All three witnesses though deposed the factum of motive, but neither in the presence of complainant, nor in view of witnesses the dispute with reference to demand of money by the deceased from accused, on the day of occurrence took place---No implicit reliance could be placed upon the statements of all said three witnesses in order to prove the factum of motive---Material contradictions and conscious improvements were made by eye-witness, in order to justify his presence at the spot---No implicit reliance could be placed upon said witness---Complainant, who was real brother of the deceased, and other prosecution witness, were residents of the same locality and occurrence also took place in the same vicinity---No exception could be taken to presence of both witnesses at the spot---Complainant and eye-witness unanimously disclosed the mode and manner of occurrence---Contention was though submitted that evidence of said both witnesses suffered from inherent defect, but neither any such discrepancy was pointed out during the course of arguments at the instance of accused nor any such infirmity was found---Both said witnesses remained firm in cross-examination, stating the role of accused as well as the mode and manner of occurrence---Evidence of said witnesses, inspired confidence, which could be safely believed, relied and acted upon---Injuries attributed to accused disclosed by both the witnesses, found full corroboration from the evidence of Doctor---Said injuries found full support from locale of injures mentioned in the postmortem report---Factum of recovery of 'chhuri' at the instance of accused was also relied by the prosecution as corroborative piece of evidence, but same could not be used as confirmatory evidence because said weapon was not sent to the office of Chemical Examiner as well as Serologist in order to determine the origin of blood---Abscondence of accused was another factor,…

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