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---Ocular account supported by medical evidence---Prosecution case was that the accused persons armed with T.T. pistols along with co-accused made firing at the aunt of complainant, which hit at her head and right arm---Injured was shifted to hospital, where she expired due to injuries---Motive of the incident was that the accused, who was son of the deceased lady from her previous husband, was annoyed due to her divorce from his father and remarrying the uncle of complainant---Ocular account of the incident was furnished by two witnesses including complainant---Record showed that accused persons were nominated in the promptly lodged FIR and they were well identified by complainant and other eye-witness---Complainant and eyewitness were consistent on the vital point of their depositions---Presence of eye-witnesses was properly explained and reasoned out by the complainant---Complainant party, just after the incident, firstly had taken the deceased lady in injured condition to the hospital and subsequently, complainant approached the police station for lodging of FIR---Testimonies of said witnesses revealed that both the accused came to the place of incident and actively participated in the incident by firing upon the deceased lady---Eye-witnesses in their testimonies described that the fire shots of both the accused were received by the deceased on her body---Complainant described that the deceased received a fire shot on her forehead while the other fire shot was received by her on her right arm---Both the injuries were attributed to the accused and co-accused respectively---Lady Medical Officer, who conducted autopsy of deceased had stated that the deceased received several injuries including fire arm injuries on her forehead as well as right arm---Said situation had suggested that there were no major contradictions in the ocular and medical evidence---Defence had pointed out that accused had been acquitted by the Judicial Magistrate in the other cases registered against them under the Arms Ordinance---Recovery of crime weapon was declared…

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