Law: Penal Code (XLV of 1860)

Section: 302(b)&34

(a) Criminal trial--- ----Evidence---Direct evidence---Scope---Direct evidence was a material to decide a fact (charge)---Failure of direct evidence was sufficient to hold a criminal charge as ‘not proved’ but where direct evidence remained in the field with test of its being natural and confidence inspiring then requirement of independent corroboration was only a rule of abundant caution and not a mandatory rule to be applied invariably in each case. Muhammad Ehsan v. The State 2006 SCMR 1857 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 34---Qatl-i-amd, common intention--- Appreciation of evidence---Ocular account supported by medical evidence---Scope---Accused were charged for committing murder of the son of complainant by firing---Motive behind the occurrence was a dispute between parties over the possession of land and such cases were pending before the court of law---Complainant stated that on the day of incident he, deceased and witnesses were going to a Goth and when they reached near a hotel at about 12:30 noon, accused persons came on motorcycle and asked his son that they had asked him to withdraw the case but case had not been withdrawn and saying so they took out pistols from folds of their shalwars and straight fired at him which hit him and he fell down raising cries---Neither any mala fide had been alleged on the part of witness nor motive for giving false evidence against the accused had been suggested---Two witnesses who were shown as eye-witnesses of the incident had also supported the version of the complainant---Incident had taken place at daylight at about 12:30 p.m.---Eye-witnesses had sufficiently explained the date, time and place of occurrence as well as each and every event of the occurrence in clear manners---Eye-witnesses had also explained the mode and manner of the occurrence qua the culpability of the accused---Although, eye-witnesses were cross-examined by the defence at length but could not extract anything from them and they remained consistent on all material points---Parties were known to each other, so there was no chance of mistaken identity of the accused---Ocular account furnished by the said eye-witnesses was…

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