Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)-Conviction and sentence-Challenge to--Qatl-e-Amd--Motive--Bullet trapped in chest cavity--Appellant blamed a stuck bullet going off accidentally during the aerial firing--Suggested scenario too unrealistic--Appreciation of evidence--Sentence for Imprisonment of life--Appellant was blamed for the crime--Bullet pierced the body 5 cm above right nipple, trapped in chest cavity, leaving behind blackened margins--Motive for the crime is litigation over agricultural land--He led to the recovery of a .30 caliber pistol-- Appellant blamed a stuck bullet going off accidentally during the aerial firing--Appellant, actuated by a motive deliberately targeted the bullet, whereas the accused while pleading innocence has simultaneously advanced the theory of a stray fire shot, stuck in the chamber, went off accidentally--Death by a .30 caliber bullet is not in dispute--Bullet trajectory is yet another factor to contradict the story of accidental shot--No occasion to hold the gun in a straight position; from point of entry it traversed through right pleura and lung landing on left side of the chest--That suggests assailant and the deceased standing face to face--Suggested scenario, otherwise too unrealistic to be received without being imprudent, merits outright rejection-- Imprisonment for life, a conscionable wage in circumstances also does not call for interference--Criminal appeal is dismissed. Mechanics of .30 caliber pistol-- ----Mechanics of .30 caliber pistol, a semi automatic weapon, rests upon a percussion cap with a primer, when detonated by the hammer of firing pin ignites explosive propelling the bullet in high velocity to leave the muzzle; in the process next bullet from the magazine automatically enters the chamber by the energy released by the preceding fire shot--A bullet would possibly stuck in the chamber if the hammer fails to ignite the explosive; a defective primer makes the cartridge dead if all other components are in good condition--A second strike by the hammer is not possible without manual intervention and that too would seldom ignite the charge as the fixed length of firing pin would not go…

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