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---Delay of more than three hours in lodging FIR---Occurrence took place at 5.00 pm and matter was reported to the police station which was 13 kilometer away from the place of occurrence at 8.15 p.m.---Fact remained that after the occurrence, the deceased was shifted to hospital to save his life---Place of occurrence, time of occurrence, status of the parties and enmity between the parties were sufficient factors to establish that matter was reported to the police without due deliberation or conscious delay. (b) Penal Code (XLV of 1860)--- ----Ss. 302 (b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Solitary statement of complainant/eye-witness--- Evidentiary value---Complainant/eye witness had furnished a straightforward ocular account of the incident---Witness remained firm, confident and stuck to his stance taken by him in his statement recorded under S.154, Cr.P.C.---Nothing could be derived by the defense during cross-examination---Statement of witness was worthy, confidence inspiring and credible---Conviction was maintained. Muhammad Mansha v. The State 2001 SCMR 199 and Niaz-ud-Din and another v. The State and another 2011 SCMR 725 rel. (c) Penal Code (XLV of 1860)--- ----Ss. 302 & 34--- Qatl-i-amd, common intention--- Abscondance of accused---Effect---Corroborative evidence---Occurrence took place in the year 2005----Accused was arrested in the case in the year 2012---Such a long absconsion would certainly go a long way to corroborate and strengthen the truth of prosecution version and also indicated the guilt of accused. (d) Penal Code (XLV of 1860)--- ----Ss. 302 (b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account corroborating medical evidence---Ante-mortem injuries, on the person of deceased attributed to the accused by the eye-witness were reflected in the post-mortem report of deceased, which became the cause of unnatural death of deceased---Appeal against conviction was dismissed accordingly. (e) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common…

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