Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 169,173,340(2),342,544A

Evidence-- ----Recovery of weapon--Recovery of crime weapon in a criminal case, related to human body, can only be served as a piece of supporting evidence, if case is otherwise proved by other evidence independently. 2011 SCMR 872, ref. Chance witness-- ----It has been held by Hon'ble apex Court time and again that even if a chance witness reasonably explains his presence at spot, he cannot be said to be a chance witness. 2010 SCMR 1791, ref. Interested witness-- ----Principle--It is a settled principle of law that mere relationship between witnesses and deceased is not enough to discard their evidence. 2011 SCMR 492, ref. Solitary Statement-- ----It is an established principle of law that conviction can be based upon evidence furnished by a solitary witness if it is of unimpeachable character and confidence inspiring. 1995 SCMR 1789, 2001 SCMR 199 & 2011 SCMR 725, ref. Duty of Court-- ----In a criminal case it is duty of Court to review entire evidence that has been produced by prosecution and defence. PLD 1953 FC 93, ref. Motive-- ----Presence of motive or no motive in establishing offence--Settled principle is that, if prosecution had succeeded in establishing offence, then presence of motive or no motive would not be ground for awarding lesser punishment to accused--Further this principle can only be invoked when prosecution has not alleged motive behind occurrence and in instant case throughout trial prosecution has not alleged any motive. 2002 SCMR 1473, ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and Sentence--Challenge to--Lack of motive or weakness--Lack of motive or weakness thereof is immaterial to withhold normal penalty of death in murder cases when trustworthy evidence had squarely brought home guilt against accused beyond any doubt--Ocular evidence furnished by PW and corroborated by medical evidence is trustworthy and reliable and prosecution has abundantly proved its case against appellant, who effectively gave knife blows to deceased causing him fatal injuries resulting into his unnatural death and there are no extenuating circumstances to award lesser punishment to appellant--Since guilt of appellant for…

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