Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 87,88,154,265C,340(2),342,382B

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Accused were charged for committing murder of husband of the complainant by firearm due to non-payment of "Bhatta"---Prosecution had produced fifteen witnesses in support of its case; however, some of the private witnesses did not depose against the culprits due to fear and terror of accused persons which reflected from the impugned judgement---Evidence of complainant and her witness revealed that accused persons were already known to them and they had been issuing threats to the deceased and his family members of dire consequences and demanding money from the deceased who was paying money but accused persons were demanding more and more---Accused had issued life threats in case of non-payment---Since the day of commission of murder of deceased, accused persons had been visiting the house of complainant continuously and issuing life threats to the entire family---Complainant's brother/witness was called at the office of the political party to whom accused persons belonged where he was threatened to keep silent and not to nominate the accused persons otherwise accused would commit another murder---During the course of recording the evidence of complainant before trial court, she was continuously crying and weeping by saying that accused persons present in court had committed murder of her husband and she also disclosed role of each accused persons---Police Officials who had arrested and interrogated the accused persons as they were involved in many other cases, had fully supported the prosecution version as the accused persons had confessed their guilt before them and disclosed the details of the alleged offence and pointed out place of incident during the course of investigation---Indeed, complainant was a simple household lady and she had no ill-will or ulterior motives to depose against the accused persons or to implicate them falsely in a heinous crime of murder of her husband---Undoubtedly, complainant had deposed against the culprits in purely natural manner and narrated the vital facts without any addition or improvement---Statement of…

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