Law: Penal Code (XLV of 1860)

Section: 302/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/34--Qatl-i-Amd--Private Complaint, delay in filing--Distance mentioned in site plan--Blackening around the wound--Acquittal of co-accused--Imprisonment of Life--Appeal, dismissal of--The matter was reported to police without any inordinate delay--Occurrence has taken place in the broad daylight--Parties were not known to each other--There is no chance of misidentification--Ocular account furnished by the prosecution is reliable, straightforward and confidence inspiring--Both these witnesses have reasonably explained their presence at the place of occurrence--Medical evidence available on the record corroborate the ocular account as the nature, time, locale--In site plan the distance between the deceased and the petitioner has been mentioned as five feet but there was blackening around the wound--Name of the acquitted co-accused was not mentioned in the crime report--His name was brought in through a private complaint, which was lodged after lapse of three months--Section 161, Cr.P.C. also does not disclose the name of the said co-accused--A confessional statement on the part of all the co-accused is of no avail as the same was made jointly--Order of acquittal is justified based upon sound judicial reasoning--High Court has already taken note of it and passed an appropriate order while converting the sentence of death into imprisonment for life--Appeal is refused. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/34--Qatl-i-Amd--Blackening around the wound--There are various factors which affect blackening e.g. surface of target i.e. wet or dry and the body structure of the victim and the quality of gun powder. Probably, the accused would have extended his arm to shot fire at the deceased--The normal length of the arm of an average man is more than two feet--The deceased was not a static object and he could have changed his position at the time of occurrence. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/34--Qatl-i-Amd--Relationship of prosecution witness--Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony. Pakistan Penal Code, 1860 (XLV of…

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