Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Scope---Accused was charged that he along with his co-accused made firing upon the complainant party, due to which one person died while two were injured---Dispute on the rotation of water for irrigating the land was motive behind the occurrence---Ocular account had been furnished by three eye-witnesses---All the three eye-witnesses deposed against the accused with specific role of causing fire shots from their respective weapons upon the deceased---Two of the eye-witnesses received firearm injuries at the scene and as such their presence had been established---Evidence of all three eye-witnesses was found to be reliable, trustworthy and confidence inspiring---All the three eye-witnesses were consistent on each and every point and were cross-examined by the defence but they were on one line and fully supported the case of prosecution---All three eye-witnesses knew accused persons and had a good look at the accused persons from close range---No doubt that the eye-witnesses had correctly identified the accused persons, especially as they had no reason to implicate them in a false case---In the circumstances no identification parade was required with respect to accused persons who were named and given a specific role in the FIR---No material contradiction was pointed out by the defence---Ocular evidence furnished by the eye-witnesses was further corroborated by the medical evidence and other circumstantial evidence---Circumstances established that the prosecution had proved its case against the accused beyond a reasonable doubt by producing independent, trustworthy, reliable and confidence-inspiring evidence---Appeal against conviction was dismissed accordingly. Muhammad Rafique alias Feeqa v. The State 2019 SCMR 1068; Zahir Shah v. The State 2019 MLD 1562; Abdul Jabbar v. The State 2019 YLR 1073; Bilal v. The State 2019 PCr.LJ 401; Muhammad Asif v. The State 2019 MLD 1197; Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142; Mehr Ali and others v. The State 1968 SCMR 161; Akhtar Saleem and another v. The State…

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