Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Matter was reported to the Police without any deliberate or conscious delay---Time and place of occurrence, was not denied---Complainant, who was sole witness, remained consistent and firm regarding his stance qua the role of accused in perpetrating the alleged offence---Complainant remained stuck to his stance; and despite the lengthy cross-examination defence could not shake his confidence; and nothing beneficial to the accused could be surfaced---Statement, given by the eye-witness, was straightforward, coherent and trustworthy---Complainant had sufficiently explained the reason for his being present at the scene of occurrence---Complainant, though was the real brother of the deceased yet he was having no motive to falsely implicate accused---Real brother could not be expected that he would let the real culprit go scot-free by implicating and giving the role of causing fatal firearm injury to an innocent person---Even otherwise, substitution in such like cases, was a rare phenomenon---Accused was the only person who had been assigned the role of firing during the incident---Conviction could be based upon the evidence furnished by a solitary witness and it was not the quantity that mattered rather quality of evidence weighed with the court while evaluating the evidence---Two eye-witnesses, were given up, firstly, they were won over; and secondly, the prosecution had the prerogative to examine witnesses, who were available and considered necessary to prove a fact---No adverse inference could be drawn against prosecution---Ocular account furnished by the solitary witness, which was coherent and confidence inspiring which was fully corroborated by the medical evidence---Parcel of blood-stained earth, was sent to the office of Chemical Examiner for analysis, after about nine days from taking it into possession, while crime empty was sent to Forensic Science Laboratory, one day after the formal arrest of accused, without any explanation for such delay which had rendered evidence of recovery of pistol doubtful; and positive report of Forensic Science…

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