Law: Pakistan Penal Code, 1860

Section: 34,148,149,302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Allegation against the accused was that he murdered the deceased by cutting his throat with chhurri---Ocular account was furnished by complainant and a witness which was supported by medical evidence---Incident took place in the house of complainant, which had not been disputed by the defence---Both the said witnesses were residents of the same house and they had reasonably explained their presence at the spot at the time of occurrence---Presence of both the witnesses in their own house at the time of incident was quite natural and probable---Said eye-witnesses were subjected to lengthy cross-examination but they remained consistent on material aspects of the case and nothing favourable to the defence could be extracted---Case of the complainant was that accused cut the neck of deceased---Medical evidence showed that four incised wounds on the neck and chest of deceased were found, caused by sharp edged weapon---Injuries on neck were fatal injuries---Said injuries were mentioned in the postmortem report of the deceased---Conviction of accused was maintained and sentence from death was altered to imprisonment for life, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Single accused---Substitution of accused---Substitution in such like cases was a rare phenomenon as the complainant would not implicate an innocent person by letting off the real culprit. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Sentence, reduction in---Extenuating circumstances---Effect---Motive as alleged by complainant was that accused suspected that deceased had illicit relations with his maternal niece---Name of maternal niece had not been mentioned in FIR nor disclosed during examination-in-chief of the eye witnesses---Circumstances suggested that a vague motive had been introduced by the prosecution, which was based on oral assertion---No independent witness about alleged motive was produced…

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