Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Mechanics of weapon contradicting plea of accidental firing---Plea that a during aerial firing at a wedding a stuck bullet went off accidently killing the deceased---Held, that death by a .30 caliber bullet was not in dispute---Plea of an accidental shot, was not very plausible---Mechanics of .30 caliber pistol, a semi-automatic weapon, rested upon a percussion cap with a primer, when detonated by the hammer of firing pin ignited explosive propelling the bullet in high velocity to leave the muzzle---In such process next bullet from the magazine automatically entered the chamber by the energy released by the preceding fire shot---Bullet would possibly get stuck in the chamber if the hammer failed to ignite the explosive; a defective primer made the cartridge dead if all other components were in good condition---Second strike by the hammer was not possible without manual intervention and that too would seldom ignite the charge as the fixed length of firing pin would not go farther than the first strike, therefore, it was difficult to contemplate a situation where deceased would naively stand within the approximate distance of four feet to receive a bullet above the nipple, through an accidental shot---Bullet trajectory was yet another factor to contradict the story of accidental shot---If at all someone was attempting to retrieve the defective bullet he had no occasion to hold the gun in a straight position---From point of entry the bullet traversed through right pleura and lung landing on left side of the chest beneath 4/5th intercostal back, a course that suggested assailant and the deceased standing face to face---Imprisonment for life awarded to the accused by the High Court was maintained in circumstances---Petition for leave to appeal was dismissed and leave was refused. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Muhammad Yar alias Bhatti, 20, was shot dead, in a marriage ceremony 'Barat', on 10.4.2008 at 4.00 p.m. within remit of Police Station Cantt Okara. Manzoor Hussain, appellant was blamed for the crime. Bullet pierced the body 5 cm above right nipple,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492