Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)----Juvenile Justice System Ordinance (XXII of 2002), Preamble---Qatl-i-amd---Appreciation of evidence---Juvenile accused---Confidence inspiring statements of complainant and eye-witnesses---Motive proved---No probability of false implication---Defence admitted unnatural death of deceased but pleaded false implication---Medical evidence confirmed unnatural cause of death of deceased by bullet injuries on chest---Complainant during his examination accurately stated contents of FIR and remained firm---Defence failed to cause dent in statement of complainant during cross-examination---Statements of independent eye-witnesses of occurrence were in line with statement of complainant---Defence failed to bring on record any ill-will or element of false implication on part of eye-witnesses or to show its relation with complainant---Statement of eye-witness could not be ruled out of consideration being independent witness fully supporting prosecution story---Statements of eye-witnesses were also confidence inspiring as the same had correctly narrated details of occurrence---Defence failed to point out mala fide or ulterior motive on part of eye-witnesses for falsely implicating accused---Disclosure memo. leading to discovery of new facts which were not known earlier was also admissible and further strengthened prosecution case---Prosecution had successfully proved motive of occurrence by showing conduct of parties due to business rivalry between them---Evidence of three eye-witnesses, medical evidence coupled with circumstantial evidence, disclosure by accused, recovery of crime empty of pistol and surrendering of accused to police right after commission of crime had proved beyond any shadow of doubt that deceased was murdered by accused due to business rivalry---Prosecution evidence was confidence inspiring and the same was not suffering from any contradictions or infirmity---Normal penalty under Cl. (b) of S. 302, P.P.C., was death sentence, but accused was awarded sentence for imprisonment for life being juvenile---Trial Court, after properly appreciating available evidence rightly awarded conviction to accused, which did…

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