Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Re-appraisal of evidence---Pre-planned murder---Strained relations between accused and complainant party---Plea of alibi not proved---Accused was alleged to have killed the deceased and also caused injuries to witnesses---Accused was sentenced to death, which sentence was maintained by the High Court---Validity---Accused was closely related to the complainant party and both parties were known to each other, thus there was no question of mistaken identity or false implication---Injuries on the person of witnesses were serious---Injured witnesses specifically stated that accused had fired upon them---Although statements of injured witnesses were recorded after a delay of 10 days but after the incident they were in an uncertain and unsafe condition and were not able to make statements---Doctor treating the injured witnesses had also refused permission to police to immediately record their statements---High Court had correctly found that accused had strained relations with the complainant party, which was the motive for the occurrence---Plea of alibi raised by accused to the effect that he was in another city at the time of occurrence was not backed by evidence on record---Accused also led to the recovery of weapon of offence---Accused was solely responsible for the occurrence and had committed a pre-planned murder---Prosecution had succeeded in proving its case beyond any shadow of doubt---Appeal filed by accused was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 324---Attempt to commit qatl-i-amd---Injured witness, statement of---Discrepancy between medical evidence and ocular account given by witness regarding nature of weapon used by accused---Effect---Injured witnesses were not expected to mention exact kind and make of weapon in a situation of sensation and panic---Appeal was dismissed accordingly. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Quantum of punishment---Death sentence, award of---Convict spending 17 years in death cell---Plea of convict that he was in death cell for 17 years, which period of custody exceeded a full…

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