Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Prosecution witnesses were subjected to lengthy cross-examination by the defence but nothing favourable to the accused or adverse to the prosecution could be produced on record---Ocular account furnished by the prosecution was reliable, straightforward and confidence inspiring---Medical evidence available on the record corroborated the ocular account so far as the nature, time, locale and impact of the injury on the person of the deceased was concerned---Counsel for the accused could not point out any plausible reason as to why the complainant would falsely involve the accused in the present case and let off the real culprit, who had committed murder of his real daughter---Substitution in such like cases was a rare phenomenon, especially when admittedly there was no previous enmity between the parties---Conviction of accused under section 302(b), P.P.C was maintained---Petitions for leave to appeal were dismissed and leave was refused. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Prosecution witnesses related to the deceased---Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony of such witnesses unless previous enmity or ill will is established on the record to falsely implicate the accused in the case. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Minor discrepancies in prosecution case---While appreciating the evidence, the court must not attach undue importance to minor discrepancies---Such minor discrepancies which do not shake the salient features of the prosecution case should be ignored---Accused cannot claim premium of such minor discrepancies--- If importance is given to such insignificant inconsistencies then there would hardly be any conviction. Allah Bakhsh v. Ahmad Din 1971 SCMR 462 ref. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Medical evidence---No blood stained earth at place of occurrence---Fire shot injury causing gut to come of the belly of the deceased---In such like injuries when the gut comes out of the belly, it seals the margin of the wound…

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