Law: Pakistan Penal Code, 1860

Section: 302(b)

Delay in reporting FIR-- ----The delay, 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. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Murder reference--Extenuating circumstance--Death sentence converted into imprisonment--Modification in quantum of sentence--Though eye-witnesses are closely related to deceased but merely because of their close relationship with deceased, their evidence cannot be discarded--Eye-witnesses were subjected to lengthy cross-examination but they remained consistent on material aspects of case and nothing favourable to defence could be extracted--Witnesses of ocular account have no reasons to falsely implicate appellant in this case by letting off real culprits--It is a case of single accused so far as injuries on person of deceased are concerned and substitution in such like cases is a rare phenomenon--No independent witness qua motive was brought in witness box during trial proceedings--View, prosecution has not been able to substantiate alleged motive behind occurrence--Even if evidence of motive and recovery of .30 bore pistol (P.3) at instance of appellant are excluded from consideration, there is sufficient incriminating evidence on record against appellant in form of straightforward and confidence inspiring ocular account furnished by complainant (PW.6) and (PW.7), fully supported by medical evidence i.e. statement of Dr. Medical Officer (PW.3), to maintain his conviction under Section 302(b), PPC, which is accordingly maintained--However, it is not a case of capital punishment because of reasons: (i) motive set up by prosecution has not been believed by us; and (ii) alleged recovery of .30 bore pistol (P.3) at instance of appellant has not been proved--There is extenuating circumstance, on basis of which appellant could not be made liable to maximum punishment provided under Section 302(b), PPC, rather ends of justice would be met, if his death sentence is converted into imprisonment for life--Appeal was…

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