Law: Penal Code (XLV of 1860)

Section: 302(2)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Qatl-e-amd--Conviction and sentence--Challenge to--Conviction and sentence--Challenge to--Ocular account--Substitution in such like cases is a rare phenomenon--Testimony of witnesses--Ocular account furnished by prosecution is reliable, straightforward and confidence inspiring--The medical evidence available on record is in line with ocular account--In these circumstances, it can safely be said that prosecution has brought on record reliable evidence to sustain conviction of petitioners--However, so far as quantum of punishment is concerned, that occurrence took place at spur of moment and there was no pre-meditation on part of petitioners--Something happened immediately before occurrence, which provoked petitioners and they caused churri blows on person of deceased--On our specific query, Law Officer and counsel for complainant could not deny fact that occurrence took place at spur of moment--Admittedly, both petitioners did not repeat their act--There was no deep rooted enmity between parties--In these circumstances, High Court ought to have taken a lenient view--Consequently, Court convict petitioners under Section 302(c), PPC and sentence them to fourteen years RI each--The amount of fine and sentence in default whereof shall remain intact. Testimony of Witnesses-- ----It is by now a well established principle of law that mere relationship of prosecution witnesses with deceased cannot be a ground to discard testimony of such witnesses. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Petitioners along with two co-accused were tried by the learned Additional Sessions Judge, Chichawatni in a private complaint under Sections 302/148/149, PPC for committing murder of Muhammad Sarfraz. The same was instituted being dissatisfied with the investigation conducted by the Police in case FIR No. 85 dated 10.04.2009 under Sections 302/148/149, PPC at Police Station Ghaziabad, District Sahiwal. The learned trial Court vide its judgment dated 28.06.2012 while acquitting the two co-accused, convicted the petitioners under Section 302(b), PPC and sentenced them to imprisonment for life. They were also directed to pay…

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