Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--Quantum of sentence--On same day, he conducted medico-legal examination of injured and observed a fire-arm injury at his right thigh but injured had not appeared before Court and, thus, medical evidence to his extent is of no avail--So far as post-mortem examination of deceased is concerned, fire-arm injury at chest of deceased is in line with ocular account furnished by prosecution--Both these witnesses were resident of same village but they did not make statement under Section 161, Cr.P.C--soon after occurrence-- Their statements before investigating officer at belated stage appears to be nothing but an afterthought, maneuvered and concocted story--In given scenario demanding of Bhatha by appellants at Chowk, inside village surrounded by shops and houses before deceased’s real brother and other witnesses is far from logic and beyond imagination--This piece of evidence to prove motive part of occuiTence by prosecution is neither believable nor confidence inspiring--What actually happened just before incident is a shrouded mystery--Anyhow, delay of one or two days in making statement before police renders it to be legally unacceptable--Both appellants is not at same pedestal was specifically assigned role of causing fire-arm injury with his Kalashnikov at chest of deceased which was subsequently confirmed and supported by medical officer in post-mortem examination report of deceased being fatal to his life--It was a daylight occurrence, which took place at a busy Chowk surrounded by shops and residential houses inside village Abadi and it was witnessed by both eye-witnesses, who belong to same vicinity especially alias Abbas PW-2, who was residing close 10 place of occurrence--The eye-witnesses remained consistent on all material particulars of incident, supported with medical evidence, however, motive of demanding of Bhatta by appellants has not been proved--Though recovery of weapons of offence from appellants remained inconsequential being not found wedded with crime empties secured from place of occurrence yet we have found ocular account being…

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