Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was alleged to have committed murder of two persons including his own son---Record showed that deceased was father of the complainant, related in second degree with widow of other deceased and other deceased was real son of the accused-appellant, therefore, it would be rather hard to entertain any hypothesis of substitution---Eye-witnesses had explained as to what brought them at the crime scene and they had stated the purpose of visit on the day of incident---Convergence of the eye-witnesses at the spot could not be termed as improbable or unnatural---Said witnesses faced cross-examination unscathed and nothing on record to even obliquely impeached their loyalty---No casing was recovered, but in absence of casings for forensic analysis, recovery of gun found in working order was at least consistent with the injuries sustained by both the deceased---Both the killings that involved prolicide were absolutely unprovoked---Circumstances established that prosecution proved its case to the hilt, appeal against conviction was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Non-recovery of casing at the spot---Effect---Once prosecution case was found firmly structured on ocular account with motive inexorably focused upon the accused, reference to absence of casings at the spot was beside the mark. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Motive not proved---Effect---Inadequacy of the motive or failure of prosecution to prove the motive would not hold water as there existed no traditional/conventional motive between the father and the son in the present case. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Muhammad Abbas, appellant herein, is bracing the gallows; he stands convicted on two counts of homicide under Clause (b) of section 302 of the Pakistan Penal Code, 1860 for committing Qatl-e-Amd of Tawasin, 50 and Rashid, 24, hereinafter referred to as the deceased, the latter being no other than his own son. The incident occurred on…

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