Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 410,382-B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Criminal Procedure Code, (V of 1898), S. 410--Sentence--Challenge to--Appreciation of evidence--Ocular account--Effect of recovery--Chance witnesses--Connecting evidence was not produced during trial--Validity--Conviction of accused u/S. 302(b), PPC and award of sentence of life imprisonment to him by trial Court was largely influenced by facts of promptitude in lodging FIR reliable ocular account furnished by prosecution, no chance of mistaken identity as both parties were close relatives, minor contradictions not having any bearing on case of prosecution, medical evidence in line with ocular account and recoveries effected from appellant if during investigation--Defence has miserably failed to shatter steadfast and confidence inspiring ocular account furnished by prosecution and that is in complete harmony with medical evidence. Pakistan Penal Code, 1860 (XLV of 1860)------S. 302(b)--Sentence--Challenge to--Appreciation of evidence--Overwriting of time of occurrence mentioned in FIR which creates doubt--Doubt regarding actual time of occurrence--Since actual time of conducting autopsy was deliberately withheld by doctor, therefore, actual time of occurrence cannot be determined and as such inference can be drawn that occurrence had taken place in darkness of night, but time was changed in complaint which is visible to naked eye, just to prove that occurrence had taken place in natural day-light--Ante-time F.I.R was lodged after preliminary investigation only to show promptitude in reporting incident to police--Though prosecution case cannot be discarded on that score alone but such an act on part of prosecution cast doubt in mind of Court regarding registration of case and provides a valid reason to conduct a close scrutiny of prosecution case with a view to avoid false implication of accused named for commission of offence. Appreciation of evidence-----Conflicts between ocular and medical evidence--Interested witnesses as real son and husband of deceased--Validity--Conflict between ocular and medical evidences cannot be resolved in favour of prosecution and has proved that alleged eye-witnesses had not…

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