Law: Penal Code (XLV of 1860)

Section: 302(b),34

Law: Pakistan Arms Ordinance, 1965

Section: 13

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Pakistan Arms Ordinance (XX of 1965), S. 13---Qatl-i-amd, common intention, possessing unlicensed weapon---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Accused were charged for the murder of two persons of complainant party---Motive behind the occurrence was stated to be a land dispute---Ocular account was furnished by two witnesses---Said witnesses remained consistent and made their statements in line with each other in spite of lengthy cross-examination---Eye-witnesses unanimously pointed out that accused fired repeated shots with a pistol upon deceased persons---Defence had failed to shake the confidence of witnesses regarding their presence at the place of occurrence---Versions narrated by the said witnesses found corroboration from the post-mortem report---Defence had failed to substantiate any reason to suggest that the said witnesses falsely implicated the accused---Record showed that accused put the dead bodies of deceased persons in the vehicle and shifted the same from the spot to the place out of sight and tried to flee away---Accused while putting the dead bodies in the vehicle blooded his clothes---Soon after the arrest, on pointation of the accused, dead bodies, blood stained clothes and vehicle were recovered in presence of the witnesses---Said proceedings and statements of witnesses under S. 161, Cr.P.C. were recorded on the same day without any delay, which eliminated the possibility of consultation, fabrication and concoction---Report of fire arm expert showed that crime weapon/pistol was not in working condition, but in presence of direct evidence, such piece of evidence could not be given much importance---No contradiction in the statements of the prosecution witnesses appeared to have been pointed out or found from their statements---Record showed that complainant did not enter into the witness box during the period of sixteen months of trial---Prosecution had failed to substantiate any reason for his non-appearance---Circumstances established that prosecution had successfully proved its case against the accused beyond any shadow of doubt---Motive alleged…

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