Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Accused was charged for the murder of the son of complainant---Ocular account was furnished by two witnesses including complainant regarding their presence at the crime scene as well as details of the occurrence was confidence inspiring---Said witnesses were in a comfortable unison on all the salient features of the prosecution case as well as details collateral therewith and had seemingly no axe to grind against the accused---Narrations of the said witnesses were duly corroborated by medical evidence and supported by recovery and a feud raging between the deceased and the accused---Circumstances spelt out independently could be gone into unreservedly---Motive alleged in the crime report as a rancour on account of second marriage of the deceased appeared to be far from being factual and his encounters with his previous wife seemingly cost him his life---Magnitude of violence was commensurate with intensity of grievance and frustration, a circumstance additionally supporting the said hypothesis---Penalty of death was altered into imprisonment for life in circumstances. Ghulam Mohy-ud-Din alias Haji Babu v. The State 2014 SCMR 1034 rel. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:-- -.--- Liaqat Ali Khan, 31/32, henceforth referred to as the deceased, was gunned down at 2:30 a.m. on 25-11-2011 within the area of Kamryal, situating at a distance of 35 Kilometers from Police Station Pindi Gheb, Attock; the incident was reported by his father Misri Khan (PW-7) through statement (Ex.PA) recorded by Faiz Ahmad, SI (PW-10) 5:15 p.m. at the spot; his narrative for the convenience of reference is reproduced in extenso:- "Liaqat Ali Khan deceased of this case was my only son. The accused Nazir Iqbal is the 'Ham Zulf' of my deceased son. On 25-11-2011 at about 2:30 P.M, I along with Liaqat Ali Khan, my daughter Gul Naz and my son in law Muhammad Akram PWs were going towards adda of the village from our house, when we reached near the house of one Tauseef, our co-villager, the deceased was a bit ahead of us. At that time the accused intercepted the…

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