Law: Pakistan Penal Code, 1860

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

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Allegation against the accused was that he made fire shot with .12-bore carbine, which hit on abdomen and chest of deceased---Ocular account was furnished by complainant and a witness---Statement of said witnesses corroborated each other on all material aspects of the case---Evidence of said witnesses could not be shaken despite lengthy cross-examination---Said witnesses had established their presence at the place of occurrence at the time of occurrence---Evidence of eye witnesses was straightforward, trust-worthy and confidence inspiring---Post-mortem report of deceased showed that Medical Officer had observed firearm injuries on the person of deceased which were sufficient to cause death in ordinary course of nature---Circumstances established that medical evidence had fully supported the ocular account furnished by witnesses---Motive was not proved---Mitigating circumstances---Co-accused had been acquitted---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) 324, 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapon, common intention---Appreciation of evidence---Sentence, reduction in---Motive, not proved---Effect---Motive as alleged by complainant was that in the morning of the day of occurrence, some altercation took place between accused and complainant---Accused and co-accused had threatened the complainant to teach a lesson of the altercation---Circumstances showed that accused had no motive against the deceased to commit her murder---Motive had been attributed to accused against complainant who was present at the time of occurrence but was not targeted by the accused---Said motive as alleged by the complainant was not actual motive of the occurrence---Prosecution therefore, failed to prove motive against the accused---Failure of prosecution in…