Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Quantum of sentence--Modification in sentence--If any, in reporting crime to police was not conscious or deliberate as in such like cases first and foremost priority of kith and kin of injured is to rush for medical treatment instead of reporting matter to police--In FIR and before trial Court, it was case of prosecution that (appellant) made a fire with .12 bore repeater gun which landed on chest and left hand of deceased made second fire shots, hitting (PW.2) on his left leg and (PW.3) on left side of his abdomen--All PWs while appearing before trial Court clarified situation with regardto injury sustained by injured (PW.2) that fire was hit on his right leg--Doctor who conducted post-mortem examination of dead body of deceased and Doctor, who medically examined both injured, appeared before trial Court as PW.12 and PW.15 respectively and furnished medical evidence--Injuries caused by appellants are available in post-mortem examination report and medico-legal reports--Ocular account is fully supported by medical evidence--Even if evidence of motive and recoveries of .12 bore repeater gun (P.2) at instance of appellant and .12 bore single barrel gun (P.3) at instance of appellant are excluded from consideration, there is sufficient incriminating evidence on record against appellants in form of straightforward and confidence inspiring ocular account furnished by complainant (PW.1), injured PWs fully supported by medical evidence i.e. statements ofDoctor (PW.12) and (PW.15) to maintain their convictions under Sections 302(b), 324, 337-C and 337-F(i), PPC, which are accordingly maintained--Hence, instant appeal to extent of appellant is dismissed in toto--However, it is not a case of capital punishment in respect of (appellant) because of reasons: (i) motive set up by prosecution has not been believed by us; (ii) recovery of .12 bore repeater gun (P.2) at instance of (appellant) has not been proved; and (iii) said appellant made only one fire shot at deceased and there was no allegation of repetition of fire against him--There are extenuating circumstances,…

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