Law: Pakistan Penal Code, 1860

Section: 302,324

Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Qatl-i-amd, attempt to, commit qatl-i-amd---Appreciation of evidence---Prosecution case was that complainant along with her son and accused/husband were present in her house, when her minor daughter cried, her husband/accused got annoyed and started abusing, in the meantime, her elder son came in the room and her husband on seeing him got provoked, took out pistol and started firing, as a result, one bullet hit her arm, while the second bullet hit the chest of her son, who died at the spot---Prosecution had produced seven witnesses including complainant---Complainant, who was injured in the incident, recorded her statement in line to her previous statement contained in fard-e-bayan---Said witness was cross-examined at sufficient length by the defence, but nothing material had come on record in favour of defence rather it further elaborated the scene of incident---Accused being husband of the complainant, while the deceased was her son and the complainant herself received a bullet injury, thus, under peculiar circumstances of the case, neither the presence of the complainant at the relevant time could be doubted nor it was acceptable for a prudent mind that wife would involve her husband in the murder case of her son letting free the real culprits---Sole statement of the injured lady (wife of accused) was enough to establish the charge against the accused in circumstances---Statement of complainant on all angles would divulge the fact that there existed not a single circumstance, creating doubt in any manner with regard to her presence at the site being injured witness and her ocular testimony had duly been supported by the medical evidence---Confessional statement of accused reflected that the same was recorded by the Judicial Magistrate in accordance with law, confessional statement of accused showed that same was recorded without any coercion, pressure, torture or blackmailing, rather the accused realized his shameful act and due to embarrassment, he immediately agreed to record his confession---Weapon of offence, T.T. pistol was recovered from the possession of accused---Circumstances established that…

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