Law: Penal Code (XLV of 1860)

Section: 302(b),324,148,149,337-A(i),337-A(ii),33 7-F(i),337-F(iii),337-F(vi)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 148, 149, 337-A(i), 337-A(ii), 337-F(i), 337-F(iii) & 337-F(vi)---Qatl-i-amd, attempt to commit qatl-i-amd, rioting armed with deadly weapons, unlawful assembly, shajjah-i- khafifah, shajjah-i-mudihah, ghayr-jaifah-damiyah, ghayr-jaifah-mutalahimah, ghayr-jaifah-munaqqillah, acts of terrorism---Reappraisal of evidence---During the occurrence three persons were done to death in a brutal manner and one person was seriously injured---As per post mortem reports, the first deceased received 28 injuries, the second as many as 34 injuries and the third deceased received 12 injures on different parts of their bodies---Injured witness also received as many as nineteen injures on different parts of his body---Occurrence had taken place in broad daylight and the presence of an eye-witness and injured witness at the scene of occurrence was quite natural and beyond any doubt---Statements of said prosecution witnesses were consistent, confidence inspiring and in consonance with the probability and circumstances of the case and were worthy of credence---Injured witness received firearms injures in the occurrence while sitting in a jeep and saw the occurrence, hence, his presence at the relevant time could not be considered as unnatural and improbable and he had no enmity or malice against the accused persons and his testimony was duly supported by medical evidence having been found confidence inspiring, truthful and unimpeachable---Report of Forensic Science Agency showed that all empties except some were fired from the weapons recovered from the accused persons---Convictions and sentences recorded by the High Court were maintained---Appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Discrepancies in statements of prosecution witnesses---Effect---Where such discrepancies shattered the prosecution story on salient features then there was substance to intervene on the subject (of conviction) otherwise it had no impact on the veracity of the prosecution story. Muhammad Iqbal v. The State PLD 2001 SC 222 ref. (c) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Sentence, reduction…

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