Law: Penal Code (West Pakistan Amendment) Act, 1964

Section: 302

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Prompt FIR---Solitary witness--Scope--- Prosecution case was that the accused was standing in front of the house of deceased and upon being excoriated he fired upon the deceased---Accused was appositely nominated in the promptly lodged FIR---Solitary eye-witness had adhered to the prosecution version word by word and had fully supported the case by giving all necessary details---Testimony of solitary eye-witness itself was not a demerit or disqualification as could call for its repudiation, when otherwise it rang true and inspired confidence---Quality and not the quantity of the evidence had to be seen---Medical evidence was in complete harmony with the ocular testimony---Complainant and eye-witness had no enmity, whatsoever, to falsely depose against the accused---Prosecution had succeeded in proving the charge---Appeal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302--- Qatl-i-amd--- Interested witness--- Corroboration---Scope---Court, in a case involving capital punishment, will not base conviction solely on the testimony of an interested witness unless his testimony finds corroboration by some other independent and unimpeachable piece of evidence or circumstances of the case. (c) Penal Code (XLV of 1860)--- ----S.302---Qatl-i-amd---Related witness---Scope---Where the testimony of a relative is corroborated through circumstantial evidence or other pieces of evidence, then his relationship or friendship with the deceased will not suffice to discredit him particularly when there is no motive to falsely involve the accused. (d) Penal Code (XLV of 1860)--- ----S.302---Qatl-i-amd---Related witness---Scope---Fact that a witness is relative of the deceased is not per se enough to discredit the witness unless it is established that the witness is inimical towards the accused and if it is found that his presence on the place of occurrence cannot be denied then his evidence cannot be rejected outrightly, merely because such witness belongs to one party or the other involved in a factional dispute, if otherwise such a witness has established his veracity. (e) Penal Code (XLV…

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