Law: Penal Code (XLV of 1860)

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Misidentification--Ocular account--Related witness--It is now well settled that if presence of related witnesses at time of occurrence is natural and their evidence is straightforward and confidence inspiring then same can be safely relied upon to sustain conviction of an accused--Held: It is settled law that where ocular evidence is found trustworthy and confidence inspiring, same is given preference over medical evidence and same alone is sufficient to sustain conviction of an accused--Occurrence took place at spur of moment, without any premeditation on part of appellant, therefore, said aspect may be considered as a mitigating circumstance to reduce sentence of appellant--Court is not convinced with argument of counsel because of reason that being a security guard does not mean that appellant is permitted to carry on official weapon given to him by Security Agency--High Court has correctly appreciated material aspects of case and conclusions drawn are in line with guidelines enunciated by Supreme Court on subject--Counsel for appellant has not been able to point out any legal or factual error in impugned judgment, which could be made basis to take a different view from that of High Court. 1996 SCMR 908, PLD 2003 SC 396, 2010 SCMR 1025, 2011 SCMR 460. Punjab Private Security Companies (Regulation and Control) Rules, 2003-- ----S. 8(11)-- The Punjab Private Security Companies (Regulation and Control) Ordinance, 2002 and Rules framed thereunder, specifically provide a scheme to regulate private security companies and security guards--A bare perusal of Ordinance and Rules framed thereunder would show that no guard shall be allowed to carry weapon licensed in company’s name and same shall have to be handed over when he finishes his duty--It would be in fitness of things to reproduce Section 8(11) of Punjab Private Security Companies (Regulation and Control) Rules, 2003, which reads as under: “A register shall be maintained at place of duty indicating handing over and taking over of weapon when a new guard starts duty at same place--This register shall be property of Security Company to be…

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