Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 174,342

Penal Code (XLV of 1860)---.--- ---.----S. 302(b)---.--- Qatl-i-amd---.--- Appreciation of evidence---.---Incident had taken place in the house of the complainant and at the relevant time witnesses, who were nearest relatives inter se were present and had seen the same---.---Said witnesses being natural witnesses, had given ocular account of occurrence---.---Version of said witnesses, was straightforward, confidence inspiring---.---Nothing favourable to accused came on record despite lengthy cross-examination of said witnesses---.---No ground existed to discard or disbelieve evidence of the witnesses---.---Alleged contradictions in the statements of witnesses, were not material to destroy the intrinsic value of the evidence of witnesses---.---Ocular evidence, was fully corroborated by medical evidence, as well as recovery of empty and live bullet---.---Non-recovery of weapons of offence, by itself, would not be fatal for the prosecution in view of direct evidence, corroborated by medical evidence---.---Evidence of eye-witnesses was quite reliable---.---Incident was a case of preplanned and premeditated murder, committed by accused due to strained relations---.---Accused had shown extreme high handedness by launching aggression against his ex-wife, and killing her by firing on vital part of her body---.---Plea of accused for reduction in the sentence, merited no consideration, as there existed no circumstances, warranting mitigating of his sentence of death---.---Circumstances of the case, disentitled accused to any leniency in the sentence---.---Conviction and sentence of death awarded to accused by the Trial Court, were confirmed, in circumstances. Haji Muhammad Ilahi and others v. Muhammad Altaf alias Tedi and others 2011 SCMR 513; Ajmal Khan v. The State 2012 SCMR 583 and Khizar Hayat v. The State 2011 SCMR 429 distinguished. Khan alias Khani and another v. The State 2006 SCMR 1744; Wazir Gul v. The State 1975 SCMR 289; Mushtaq alias Shaman v. The State PLD 1995 SC 46 and Miss. Najiba and another v. Sultan alias Sattar and 2 others 2001 SCMR 988 ref. Amil Shiri and another v. The State PLD 2004 SC 371; Mushtaq alias Shaman v. The State PLD 1995 SC 46; Khan…

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