Law: Penal Code (XLV of 1860)

Section: 302(b),302(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Criminal trial--- ----Witness---Police witness---Scope---In absence of any kind of enmity or animosity, evidence of police is worthy of reliance as of any other independent witness. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)--- Criminal Procedure Code (V of 1898), S. 342--- Qatl-i-amd--- Appreciation of evidence--- Mitigating circumstances---Motive not proved---Statement of accused---Accused was police constable who was alleged to have committed Qatl-i-amd of his fellow police constable during duty---Plea raised by accused was that all evidence produced by prosecution was circumstantial---Accused could be convicted or sentenced on basis of circumstantial evidence provided no link of chain was found missing and all circumstances had led to guilt of accused---Deceased was done to death by accused by firing from Submachine Gun (SMG) and medical evidence also stipulated that death was result of firearm injuries---Report of Forensic Science Laboratory showed that empties matched with official SMG of accused---Nothing substantial was available in statement of accused recorded under S. 342, Cr.P.C. to discredit confidence inspiring evidence and plea raised by accused was rightly discarded by Trial Court---Charge of murder against accused was established and Trial Court had rightly come to conclusion that prosecution had proved its case against accused beyond any reasonable doubt---Motive could not be proved by prosecution during trial through reliable evidence---Evidence suggested that something happened all of a sudden that ignited a situation ultimately leading to homicidal death of deceased---Such mitigating circumstance had made out a case to convert conviction of accused from Ss. 302(b) to 302(c), P.P.C.---High Court reduced sentence from imprisonment for life to imprisonment for 10 years---Appeal was dismissed accordingly. Sh. Muhammad Amjad v. The State PLD 2003 SC 704 rel. (c) Criminal trial--- ----Evidence---Scope---While deciding case pertaining to criminal administration of justice, court is required to take into consideration intrinsic value of evidence instead of laboring unnecessarily to find out such contradictions and improvements…

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