Law: Criminal Procedure Code (V of 1898)

Section: 342,382-B,410,544A

Law: Pakistan Penal Code, 1860

Section: 85,302,499

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 410--Pakistan Penal Code, (XLV of 1860), Ss. 302 & 499--Act done by a person under intoxicant-- Appreciation of Evidence--Conviction of--Appellant, highly intoxicated, after coming on his motorcycle, was hurling abuses; deceased restrained him to do so whereupon he made straight fire with his pistol, piercing through his neck--Recovery and motive have not been believed by trial Court--He has, apart from referring FIR and certain portion of evidence of eye-witnesses, had whole heartedly read evidence of Investigation Officer and statement u/S. 342, Cr.P.C. of appellant to contend that although in this case, time and place of occurrence are not disputed by defence but mode of occurrence is seriously disputed--He has submitted that if entire material of case is considered in its totality, conviction of appellant u/S. 302(c), PPC--No direct evidence has been produced by prosecution to establish motive part of occurrence-Date, time and place of occurrence are undisputed--It is admitted from both sides that appellant was under influence of intoxication at time of occurrence-Plea of appellant would place him under burden of proving that he had done act complained of being incapable of knowing nature of act being under influence of intoxication or that he is doing something which is either wrong or contrary to law-According to Section 85 of, PPC, nothing is an offence which is done by a person who, at time of doing it, is, by reason of intoxication, incapable of knowing nature of act, or that he is doing what is either wrong, or contrary to law; provided that thing which intoxicated him was administered to him without his knowledge or against his will-There is no evidence on record to show that appellant was administered intoxicant without his knowledge and will-Prosecution has been able to prove charge against appellant beyond reasonable shadow of doubt, appellant has already been extended benefit of mitigating circumstances by trial Court with regard to quantum of sentence--Conviction and sentence of appellant awarded by trial Court is quite justified and has been passed after proper appreciation evidence…

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