Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Ocular version of the witnesses having remained consistent and corroborative during cross-examination, could not be contradicted---No material contradiction in the statements of the witnesses, could be pointed out or observed---Complainant, though was close relative of the deceased yet no grudge or enmity with accused was on record---No reason, cause or justification existed to discard statement of the complainant only on the basis of his relationship with the deceased as the same was confidence inspiring---Both the witnesses had successfully established and justified their presence, and availability at the spot---Version of the witnesses, had been supported by the medical evidence---Fact that accused had fired at the deceased with pistol recovered from him was confirmed---Motive alleged in the complaint was not proved or established and was shrouded in mystery---Impugned of conviction of accused, being based on correct appreciation and evaluation of the material available on record, was quite justified---Cause of occurrence, being still shrouded in mystery and accused having made only one fire shot, without any repetition, due consideration was required towards quantum of sentence awarded to accused by the Trial Court---Maintaining the conviction of accused, his sentence was modified from death to imprisonment for life, in circumstances. Hasil Khan v. The State and others 2012 SCMR 1936 rel. (b) Penal Code (XLV of 1860)--- ----S. 302---Criminal Procedure Code (V of 1898), Ss.544-A & 382-B---Qatl-i-amd---Appreciation of evidence---Grant of compensation for heirs of the deceased---Trial Court despite holding accused guilty of qatl-i-amd, refused to grant compensation as provided under S.544-A, Cr.P.C., on the ground that the deceased being a criminal record holder, and involved in 32 criminal cases, his legal heirs were not entitled to any compensation---Provision of S.544-A, Cr.P.C., was mandatory in nature, and compensation under said section could not be withheld, unless there were strong reasons for refusal thereof, which must be specifically…

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