Law: Penal Code (XLV of 1860)

Section: 302/324/34

Law: Qanun-e-Shahadat (10 of 1984)

Section: 119

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/34--Qanun-e-Shahadat Order, (10 of 1984), Art. 119-- Qatl-i-Amd--Prompt FIR--Relationship of PW--Medical evidence corroborates ocular version--Confession--Spur of moment--Life imprisonment upheld--The distance between the place of occurrence and the police station was 7 kilometers--FIR was lodged with promptitude and it excludes possibility of deliberation and consultation--Minor discrepancy--Motive--Positive report of FSL--Witnesses have given all necessary details of occurrence qua the date, time, place, name of accused, name of witnesses, manner of occurrence, kind of weapon used in the occurrence, the locale of injuries and the motive of occurrence--Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony--Witnesses have reasonably explained the circumstances of their going to the house of the appellant--Medical evidence available on the record corroborates the ocular account--Ocular evidence is found trustworthy and confidence inspiring--Minor discrepancies, if any, in medical evidence relating to nature of injuries do not negate the direct evidence--Prosecution has successfully proved the motive--According to the positive report of FSL, the empties were found fired from the weapon recovered from the appellant--Appellant appeared before Judicial Magistrate to confess his guilt--According to Article 119 of the Qanun-e-Shahadat Order, 1984, the burden of proof to any particular fact lies on the person who wishes the court to believe its existence--Occurrence took place at the spur of the moment, without any premeditation on the part of the appellant--Said aspect may be considered as a mitigating circumstance--To reduce the sentence of death into imprisonment of life--Court do not find any merit in this appeal, which is dismissed. [Pp. 208, 209, 210 & 211] A, B, C, D, E, F, G, H, I, J, K 1996 SCMR 908; PLD 2003 SC 396; 2010 SCMR 1025; 2011 SCMR 460 ref. JUDGMENT Sayyed Mazahar Ali Akbar Naqvi, J.--Appellant Imran Mehmood along with two co-accused was tried by the learned Sessions Judge, Haripur pursuant to a case registered vide FIR No. 566 dated…

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