Law: Pakistan Penal Code, 1860

Section: 148,149,324,302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Reappraisal of evidence---Occurrence took place during broad daylight around 2 p.m. at a bus stand---Matter was reported to police on the same day at 2:20 p.m. i.e. within twenty minutes of the occurrence---Deceased was medically examined in an injured condition an hour after the occurrence---Such circumstances were sufficient to exclude any chances of preconcert or premeditation in reporting the matter to police---Ocular account was furnished by two witnesses; one of whom was the complainant and real son of the deceased who had given sufficient explanation for his presence at the spot at the relevant time---Second eye-witness used to work at the bus stand and sustained fire-arm injuries during the occurrence---Both said witnesses by and large remained consistent on all the material aspects of the case and held the accused responsible for fire-arm injury on the abdomen of deceased---Statements of said witnesses got support from the medical evidence adduced by the doctor, who medically examined the deceased in injured condition and observed a fire-arm wound of entry on left side of front of abdomen---Statement of doctor who conducted autopsy on the dead body of deceased, further affirmed the case of prosecution against the accused---In such circumstances, there was no doubt that the prosecution had proved its case against the accused beyond reasonable doubt---Conviction of accused under S. 302(b), P.P.C. was upheld. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Sentence of death converted into imprisonment for life---Single fire shot---Motive unproved---Co-accused with similar role acquitted due to compromise---Only a single fire on the person of deceased was attributed to the accused---Admittedly the accused did not repeat the fire shot---Specific motive was alleged by the prosecution inasmuch as some time prior to present occurrence, the accused party had taken over the possession of an area of the bus stand and friction between the parties persisted---On account of such friction, the accused side in order to occupy other areas of the bus stand…

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