Law: Penal Code (XLV of 1860)

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--In appeal High Court maintained conviction and sentence of death awarded to petitioner by trial Court--It is admitted position that at relevant time, wedding ceremony of deceased was going on and he being a close relative had come to complainant’s house to attend ceremony--The medical evidence available on record corroborates ocular account so far as nature, time, locale and impact of injuries on person of deceased is concerned--During occurrence when live shots are being fired, witnesses in a momentary glance make only tentative assessment of distance between deceased and assailant and points where such fire shots appeared to have landed and it becomes highly improbable to correctly mention location of fire shots with exactitude--Minor discrepancies, if any, in medical evidence relating to nature of injuries do not negate direct evidence as witnesses are not supposed to give photo picture of ocular account--Even otherwise, conflict of ocular account with medical evidence being not material imprinting any dent in prosecution version would have no adverse affect on prosecution case--Requirement of corroborative evidence is not of much significance and same is not a rule of law but is that of prudence--As far as question that witnesses of ocular account are related to deceased, therefore, their testimonies cannot be believed to sustain conviction of petitioner is concerned--Substitution in such like cases is a rare phenomenon--The complainant would not prefer to spare real culprit who murdered his daughter and falsely involve petitioner, who was his son-in-law and maternal nephew, without any rhyme and reason--During course of proceedings, counsel contended that there are material discrepancies and contradictions in statements of eye-witnesses but on our specific query he could not point out any major contradiction--Admittedly, petitioner remained absconder for a period of about six months and same is also a corroboratory piece of evidence against him--If recovery of weapon of offence is excluded from consideration, still there is ample evidence in form of…

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