Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account corroborated by medical evidence---Prosecution case was that on the day of occurrence the accused blocked thoroughfare by laying thorny bushes and when the brother and father of complainant asked the reason of closure of road, the accused called both of them on the pretext of solving the dispute and when both of them reached near the accused, he opened fire on them with 30-bore pistol; resultantly, both of them died---Motive behind the occurrence stated to be old dispute of pathway---Unnatural death of deceased was not disputed---Medical evidence confirmed bullet injuries caused with fire-arm---Ocular testimony produced by the prosecution, which was in the shape of direct evidence of witnesses, who deposed that they were present at the shop of a witness situated at a walking distance of 1-2 minutes from the place of occurrence---Said witnesses reached at the place of occurrence when heard report of fire shots and saw the accused carrying the weapon of offence in his hand, while dead body of the deceased was lying on the ground, whereas the other was in injured condition---Said witness asked the accused why he did so, whereupon the accused told that he had been fed-up with the deceased and injured person and wanted to go to jail---Circumstances established that prosecution through ocular evidence, medical evidence and recovery of weapon of offence and other incriminating material had proved its case against the accused beyond any shadow of any reasonable doubt, hence trial court had rightly convicted the accused---Accused had filed the present appeal after lapse of about three years of the passing of impugned , which was time barred---Appeal was dismissed in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Weapon of offence was recovered from possession of accused---Reliance---Scope---Record showed that weapon of offence had been recovered from the possession of accused in presence of witnesses---Accused was directly nominated in the FIR with specific role---Crime weapon and two empty shells of said 30-bore…

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