Law:

Section:

Penal Code (XLV of 1860) --------- ----------Ss. 302 (a), 304 (1) (a) & 452 --------- -Criminal Procedure Code (V of 1898), Ss. 164 & 342 --------- Qatl-i-amd; house trespass after preparation for hurt, assault or wrongful restraint --------- Appreciation of evidence --------- Power of court to record statement and confession --------- Judicial confession --------- Value --------- Delay in sending recovered weapon and empties to the Laboratory --------- Motive, absence of --------- Effect --------- Accused was alleged to have murdered his cousin, the daughter of the complainant, by inflicting firearm injuries --------- Trial court convicted the accused both on basis of his judicial confession as well as the prosecution evidence and sentenced him to death and imprisonment for seven years along with payment of compensation --------- Accused contended that awarding the death sentence as qisas was not justified as no proof for the same was available --------- Complainant had not only reported the incident to the police within a short span of thirty-five minutes charging the accused by name but also citing the names of the eyewitnesses --------- Statement of prosecution witnesses were consistent and supportive to each other on all material aspects of the case --------- Medical evidence had fully corroborated the complainant's version --------- Recovery of crime weapon along with empties had been witnessed by an independent person of the locality, who had also appeared as prosecution witness and supported the factum of recovery --------- Forensic Science Laboratory report was positive with regard to the recovered pistol and empties --------- Although no eyewitness was available as to the act of firing made by the accused at the deceased, but statements of the prosecution witnesses, coupled with the recoveries of the crime empties from the spot and the crime weapon on pointation of the accused, had fully supported the prosecution case and connected the accused with commission of the offences --------- Delay per se in sending the crime weapon and crime empties to the Laboratory would not overweigh the ocular evidence, which had been found in line with, and…

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