Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Deceased was travelling in his car with family when accused persons tried to rob him and during exchange of fire one accused got injured resultantly they shot the deceased to death---Recovered pistol from one accused belonged to deceased---Injury received by one accused was certified by doctor and even not denied by accused which proved that exchange of fire took place during robbery and it led to death of deceased and firearm injury to accused---Both the accused persons were correctly identified by eye-witnesses who were at a very close distance to accused and had clearly seen them as they were present in the vehicle of deceased and accused persons were only a few feet away from them---Correct identification of accused by eye-witnesses was confirmed through identification parade held before Magistrate---One accused received firearm injury during robbery from the hands of deceased, the recovered empties from the place of incident matched with the pistols recovered from the possession of both the accused at the time of their arrest---Accused persons were rightly identified in identification parade held in the presence of Judicial Magistrate---High Court declined to interfere in conviction and sentence awarded to both the accused persons by Trial Court, as prosecution had proved its case beyond reasonable doubt---Appeal was dismissed in circumstances. Zafar Hayat v. The State 1995 SCMR 896; State through Advocate General, Sindh v. Bashir and others PLD 1997 SC 408; Abdul Sattar and another v. The State 1981 SCMR 678; Muhammad Anwar v. The State 2017 SCMR 630; Tariq Pervaiz v. The State 1995 SCMR 1345; Muhammad Zubair v. The State 2007 SCMR 437; Salamat Masih and another v. The State 1995 PCr.LJ 811; Muhammad Ashraf and others v. The State 2010 SCMR 407; Kashif Khan and others v. The State and others 2018 PCr.LJ Note 109; Muslim Khan and others v. The State 2002 YLR 2813; Muhammad Akbar v. The State 1998 SCMR 2538; Mumraiz v. The State 2011 SCMR 1153; Sikandar v. The State 2006 SCMR 1786; Muhammad Ashraf v. The State 2011 SCMR 1046; Murad Baloch alias Michael v. The State PLD…

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