Law: Penal Code (XLV of 1860)

Section: 302/32/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/34--Qatl-i-amd--Prompt FIR--Injured PW--Ocular account trustworthy--Police witness--Identification parade--Minor discrepancies--Motive--Sentence of death were maintained--Case is a case of promptly lodged FIR--The testimonies of these injured PWs as well as the stamp of injuries on their person clearly proves their presence at the place of occurrence--They had no relationship with the deceased nor had any animosity against the petitioners--Witnesses have given all necessary details of occurrence qua the date, time, place, name of witnesses, manner of occurrence, kind of weapon used in the occurrence and the locale of injuries--Ocular account furnished by the prosecution is reliable, straightforward and confidence inspiring--Police officials are as good witnesses and could be relied upon, if their testimonies remain un-shattered during cross-examination--Injured PWs have involved the petitioners in the present case--Petitioners were not known to the PWs, therefore, they were not nominated in the FIR but their features had been given by the injured PWs--Identification parade, which was conducted under the supervision of Judicial Magistrate--Occurrence took place in the month of July when the summer is at its peak, therefore, it was obvious that the windows of the car were opened, therefore, it was natural that the bullets did not hit the car--Where ocular evidence is found trustworthy and confidence inspiring, the same is given preference over medical evidence--Minor discrepancies, if any, in medical evidence relating to nature of injuries do not negate the direct evidence--Minor discrepancies on trivial matters not affecting the material considerations of the prosecution case--According to the report of the FSL, the empties were found fired from the pistols recovered from the petitioners--Neither the defence seriously disputed the motive part of the prosecution story nor the PWs were cross-examined on this aspect--Court do not find any merit in these petitioners, which are dismissed and leave to appeal is refused--Sentence of death awarded to the accused persons were maintained. [Pp. 199, 200, 201 &…

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