Law: Penal Code (XLV of 1860)

Section: 302/346-A/337-A(1)/337-L(2)/109

Pakistan Penal Code, 1860 (XLV of 1860)------Ss. 302/364-A/337-A(1)/337-L(2)/109--Qatl-i-Amd--FIR lodged promptly--Testimony of witnesses--Injured PW--Acquittal of co-accused--Medical evidence--Conviction of--FIR was registered just after one hour and 25 minutes of the occurrence--The distance between the place of occurrence and the police station was 25 kilometers--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--The testimony of this injured PW as well as the stamp of injuries on her person clearly proves her presence at the place of occurrence--Medical evidence available on the record further corroborates the ocular account--Minor discrepancies and conflicts appearing in medical evidence and the ocular version are quite possible for variety of reasons--Acquittal of the three co-accused of the petitioner is concerned, the case of the petitioner is distinguishable to that of the acquitted co-accused simply for the reason that none of them had caused any injury to any of the deceased--High Court while maintaining the conviction of the petitioner u/S. 302(b) PPC altered the sentence of death into imprisonment for life--High Court has correctly appreciated the material aspects of the case--Leave to appeal is refused.[Pp. 225, 226 & 227] A, B, C, D, E, F, G, H, I, J, K, L, MPakistan Penal Code, 1860 (XLV of 1860)------Ss. 302/364-A / 337-A(1) / 337-L(2) / 109--Qatl-i-Amd--Interested witnesss--A witness may be called �interested� only when he or she derives some benefit in seeing an accused person punished.[P. 226] DPakistan Penal Code, 1860 (XLV of 1860)------Ss. 302/364-A/337-A(1)/337-L(2)/109--Qatl-i-Amd--Injured PW--The testimony of an injured eye-witness carries more evidentiary value--The Court is not persuaded that their evidence is to be discarded merely because they happen to be related witnesses. [P. 226] EPakistan Penal Code, 1860 (XLV of 1860)------Ss. 302/364-A/337-A(1)/337-L(2)/109--Qatl-i-Amd--Ocular evidence & medical evidence--Where ocular evidence is…

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