Law: Pakistan Penal Code, 1860

Section: 302,302(b),394

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,382B,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Converted death sentence into life imprisonment--Parties were residents of same vicinity, all three accused were already known to witnesses--Both eye-witnesses gave details of occurrence--They were in a comfortable unison with each other and during cross-examination, defence remained unable to create a dent in prosecution case--Eye witnesses satisfactorily explained their presence at spot with specific role of each accused--Defence did not put a single question qua their presence at spot--Therefore, it cannot be presumed that they were not present at place of occurrence--Although both witnesses are related to deceased but their relationship ipso facto would not reflect adversely against veracity of their testimonies in absence of motive prompting them to falsely implicate accused--During investigation found appellants involved in crime--He arrested them and recovered looted property Motorbike from their, possession--Likewise during interrogation accused got recovered gold ring belonging to complainant whereas appellant got recovered copy of CMC, wallet and currency notes of PW--Beside this I.O. get recovered .30 bore pistol alongwith three live bullets on pointation of accused--However, crime empty of caliber of .30 bore pistol collected by I.O. from spot at time of first visit to place of occurrence were seat together to office of ballistic expert--In that eventuality forensic report was inconsequential--However, it being a corroboratory piece of evidence cannot adversely affect prosecution case in any manner particularly when ocular account stands corroborated by medical evidence--Stance taken by appellants u/S. 342, Cr.P.C. that at relevant time they were in Lahore was not established on record--Defence could not produce any plausible evidence to prove same nor appellants opted to enter in witness box u/S. 340(2), Cr.P.C. in support of their plea--On re-appraisal of evidence trial Court has correctly appreciated evidence produced in this case--Admittedly, appellant made single fire shot which proved fatal, but he resorted to firing when confronted by deceased and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492