Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Occurrence was a daylight affair, details whereof, had been furnished by the witnesses who were not merely injured but inmates of the premises as well---Situation cropped up all of a sudden and in such backdrop, the complainant or the witnesses had no axe to grind so as to swap the accused with the real offender---Witnesses had been thoroughly cross-examined during the trial and no serious flaw, contradiction or infirmity was found therein reflecting upon their depositions---Ocular account furnished by the witnesses was duly corroborated by medical evidence---Weapon recovered upon accused's disclosure though excluded from consideration by the High Court, nonetheless, was consistent with the injuries received both by the deceased as well as the witnesses---Investigative conclusions in the wake of various steps taken with remarkable promptitude inescapably pointed upon accused's culpability who remained away from law for a considerable span of time---Conviction of accused under S. 302(b), P.P.C. was in accord with the principles of safe administration of criminal justice and he was rightly sentenced to life imprisonment by the High Court---Jail petition was dismissed and leave was refused. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- A sudden brawl in the family cost Samra Hafeez, 21, deceased, her life whereas her sister Misbah Hafeez (PW-3) and brother Murtaza Hafeez (PW-4) survived gun shots at 2:30 p.m. on 10.12.2010 within the precincts of Police Station Aroop, Gujranwala; incident was reported by their father Muhammad Hafeez (PW-3) at the police station; he blamed his brother Sana Ullah and sister-in-law Farzana Bibi for having ignited the situation, pursuant whereto, the petitioner, a close relative, along with Muhammad Azam (P.O.) targeted Samra Hafeez with a .44 caliber gun while the absconder trapped Murtaza Hafeez, PW; they jointly injured Misbah Hafeez PW; he was indicted alongside Sana Ullah and Farzana Bibi, since acquitted, vide judgment dated 30.04.2015 convicted under clause (b) of section 302 and sentenced to death; on the coordinate charge of murderous…

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