Law:

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account corroborated by medical evidence---Accused was charged for the murder of father of the complainant by firing---Ocular account was furnished by the witnesses including the complainant---Eye-witnesses appeared and supported the contents of fard-e-bayan and identified the accused in the court---Said witnesses, without any exaggeration fully involved the accused as sole culprit with specific role of firing and committing qatl-i-amd of the deceased---Medical evidence was in line with the ocular account---Eye-witnesses were natural being residents of the same house, where the occurrence had taken place and they had no deep rooted enmity to falsely implicate the accused---Nothing had been brought on record to show that either the witnesses had made any dishonest improvement or deviated from their earlier stand recorded before the police---Circumstances established that accused being sole culprit was responsible for committing qatl-i-amd of the deceased, therefore, was liable for normal penalty of death---Appeal against conviction and sentence was dismissed in circumstances. (b) Criminal trial--- ----Interested witness---Scope---Testimony of closely related witness---Reliance---Testimony of closely related witness could not be discarded merely on the ground of relationship with the deceased. (c) Criminal trial--- ----"Motive" and "intent"---Scope and distinction---Motive is the state of mind of accused, which can be formed even at the spur of moment, therefore, absence of motive is of no consequence; it is an impulse and desire that induces criminal action on the part of the accused---"Motive" is distinguished from "intent", which is the design with which the act is done---Absence of motive, cannot be helpful in presence of unimpeachable ocular evidence. (d) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Sentence, defined---Quantum of sentence---Normal sentence in a murder case was death and the court while awarding the same was not under obligation to record any reason---While awarding a lesser sentence, court had to record reasons---Every possible care…

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