Law: Pakistan Penal Code, 1860

Section: 34,302(b)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular testimony furnished by the prosecution in shape of statements of complainant and eye-witnesses, was supported by medical evidence coupled with recovery of crime weapons---Complainant and accused party were related inter seand incident having taken place during broad-day light, the presence of eye-witnesses at the venue of occurrence at the relevant time, was natural---Said witnesses legally could not be termed to be 'chance witnesses'; rather would fall within the category of "natural witnesses" and evidence of such natural witnesses, would carry worth---Both the eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence in clear manner---Both the eye-witnesses had also explained the mode and manner of taking place of occurrence qua the culpability of accused persons---Eye-witnesses, were cross-examined by the defence at length, but could not extract anything from both of them and they remained consistent on all material points---Parties being known to each other, there was no chance of mistaken identity of accused persons---Mere relationship of said eye-witnesses with the deceased alone would not support the plea of accused persons that the testimony of complainant and his witnesses were not worth believing---Accused, in matter of capital punishment, would not stand absolved by making a mere allegation of dispute/enmity, but would require to bring on record that there had been such a dispute/enmity which could be believed to have motivated the "natural witnesses" in involving the "innocent" at the cost of escape of "real culprits"---Where the natural witnesses were in blood-relations, then normally the possibility of substitution would become rare---Direct evidence found corroboration from the medical evidence with regard to cause of death and time of the incident---Crime weapon dandas/lathies, were dispatched to the Chemical Examiner and same were found duly stained with human blood---Said piece of evidence, had substantiated the ocular testimony of the complainant and…

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