Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34--- Qatl-i-amd, common intention---Appreciation of evidence--- Sentence, reduction in---Medical evidence--- Post-mortem examination not conducted---Effect---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Medical Officer issued Medico-Legal Certificate were produced before the Trial Court---No post-mortem examinations of the deceased were conducted, however the deceased were medically examined by Medical Officer, when they were in injured condition---Medical Officer stated that deceased received fire arm injuries---All material particulars had been mentioned in the medical certificates produced before Trial Court, therefore, failure to conduct post-mortem of deceased in such circumstances would not demolish the prosecution case---Deceased persons died due to fire arm injuries---Findings of the Trial Court in that regard required no interference---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt, however, motive was not alleged, therefore appeal against conviction was dismissed, however, the sentence of death was altered to life imprisonment in respect of each murder. Sabir Ali v. The State 2011 SCMR 563; Farman Ahmed v. Muhammad Inayat and others 2007 SCMR 1825; Zeeshan alias Shani v. The State 2012 SCMR 428; Irfan Ali v. The State 2015 SCMR 872 and Inayat Khan and another v. The State PLD 1983 SC 395 ref. Abdur Rehman v. The State 1998 SCMR 1778 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention--- Appreciation of evidence---Sentence, reduction in---Accused were charged for committing murder of the cousin of complainant and his wife by firing---Prosecution in order to prove its case had relied upon the evidence of four eye-witnesses including complainant---Record showed that the complainant lodged the FIR against accused on the same day with promptitude leaving no time to cook up a false case---Complainant in cross-examination, had stated that he knew the accused for the last 12 to 14 years, who was posted at Police Station and was a friend of his father---Evidence…

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