Law: Pakistan Penal Code, 1860

Section: 34,302(b)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--- Benefit of doubt---Prosecution case was that accused and co-accused persons entered into the house of brother of complainant; co-accused caught hold the victim, while the accused made firing on the victim, which hit him near his mouth and he died---Ocular account of the occurrence had been furnished by the sole witness, who was complainant and real brother of the deceased---Complainant was cross-examined at length, but the defence failed to de-track the witness from his line---Defence had objected that statement of sole eye-witness being interested one was unsafe to award conviction to the accused---Statement of sole eyewitness was faultless, unimpeachable and confidence-inspiring---Conviction could be awarded and maintained provided there were no other circumstances which could be fatal to the prosecution case or caused a doubt in a prudent mind as to the guilt of the accused---Mere fact that the complainant was brother of the deceased, was no ground to hold him interested witness or to brush-aside his testimony declaring the same untrustworthy---Prosecution had proved its case against the accused persons without any shadow of doubts---Appeal was dismissed accordingly. Muhammad Ehsan v. The State 2006 SCMR 1857 and Khizar Hayat v. The State 2011 SCMR 429 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---FIR was lodged promptly---Scope---Incident had taken place at about 8.00 a.m. and the FIR was lodged promptly at about 10.00 a.m., while all the three accused persons were nominated in the FIR---Prompt lodging of FIR had ruled out the concept of deliberation or consultation. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Motive, not proved---Scope---Motive was essential component of a crime---Cases in which the motive had not been established or proved or shrouded in mystery or was not alleged, convictions could be passed and maintained. Muhammad Latif alias Tifa v. The State 2008 SCMR 1106 and Muhammad Saeed…

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