Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused, the deceased and the witnesses, related to one another, were present inside a house during a wedding function; the invitees included a number of females, and it is in this backdrop that accuseds presence amongst the ladies was objected to by the deceased---Shortly thereafter the accused targeted the deceased in front of the house where the function was taking place, a point vividly depicted in the unrebutted site plan---Graphic details of the incident furnished by both the witnesses were found to be straightforward and confidence inspiring---Considerable distance between the venue and the respective abodes of the witnesses, highlighted in the cross-examination, given the wedding occasion, satisfactorily explained their presence at the scene---Both the witnesses comfortably withstood an otherwise inconsequential cross-examination---Durations recorded by the medical officer were consistent with the prosecution case and so were confirmatory the forensic report as well as recovery of weapon---Defence plea that the deceased was done to death by unknown assailants in a dacoity was a position belatedly introduced for the first time during the trial---Formidable prosecution evidence singularly pointed towards accuseds culpability, and did not admit any space to entertain such hypothesis of dacoity in the absence of any foundational basis---Petition for leave to appeal was dismissed, leave was declined, and conviction and sentence recorded against the accused were maintained. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Indicted for committing Qatl-i-amd of Muhammad Hussain deceased, 33/34, Jabar Ali, petitioner, was returned a guilty verdict by a learned Addl. Sessions Judge at Jhang vide judgment dated 22.06.2016; convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860, he was sentenced to imprisonment for life along with compensation, vide judgment dated 22.6.2016, upheld by a learned Judge-in-Chamber of the Lahore High Court vide impugned judgment dated 14.05.2019, vires whereof, are being assailed through the captioned petition. Reported to the police by Arshad…

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