Law:

Section:

Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-i-amd---.---Appreciation of evidence---.---Sentence, reduction in---.---Matter was reported to the Police in natural course of events---.---Both, the complainant and prosecution witness who being residents of the same locality, were natural witnesses, had given plausible reason for being present at the scene of occurrence; they had consistently assigned to accused role of causing firearm injuries on the person of the deceased and despite lengthy cross-examination, no material and noticeable discrepancy could be found in their statements---.---Said witnesses remained consistent with each other---.---Both parties being previously acquainted with each other, no question of mis-identification existed---.---Mere relationship of witnesses with the deceased; or inimical background of the parties, was not sufficient to discredit their evidence, because evidence of said witnesses, was cogent, trustworthy, confidence inspiring, and of unimpeachable character---.---Non-production of minor injured girl aged about six years was not fatal for prosecution to the extent of accused---.---Case of accused was on different footings from that of his acquitted co-accused, as role of causing firearm injuries to the deceased, was consistently assigned to accused, which was duly corroborated by medical evidence, while no injury was attributed to acquitted co-accused---.---Prosecution case against accused found corroboration from medical evidence---.---Motive also stood proved---.---Pistol of .30 bore allegedly recovered at the instance of accused and six empties recovered from the place of occurrence, having been sent to Forensic Science Laboratory after about one month of the occurrence, positive report, had lost its evidentiary value---.---Prosecution having proved its case against accused through confidence inspiring ocular evidence, he was rightly convicted by the Trial Court---.---Recovery of crime weapon at the instance of accused, was doubtful and all three co-accused, had been acquitted---.---Alternative sentence of imprisonment for life to accused, would meet the ends of justice---.---Maintaining conviction of…

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