Law: Penal Code (XLV of 1860)

Section: 302(b)

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

Section: 164

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Accused was charged for committing murder of the brother of complainant by inflicting churri blows---Ocular account of the incident had been furnished by brother and cousin of the deceased---Statements of said two witnesses were found to be in unison on material aspects of the case regarding mode, manner of occurrence and the role allegedly played by the accused---Both the witnesses were cross-examined by the defence but no serious effort was made to challenge their availability at the crime scene and rebut their evidence---Defence had only put bald suggestions to them without putting any solid material to dislodge their claim qua the culpability of the accused---In the present case, on perusal of FIR, statement of eye-witnesses and the other facts and circumstances available on record showed that there was no background of ill-will or bitterness between the accused and the deceased---Incident in issue had erupted all of a sudden without pre-meditation and the accused allegedly caused fatal knife (Churri) injuries to the deceased due to a sudden quarrel between them---At the same time nothing was available on record, which could suggest that the accused had taken undue advantage or acted in cruel or unusual manner---Circumstances established that the prosecution had proved its case against the accused beyond shadow of reasonable doubt---Facts and circumstances of the case suggested that accused was liable to be convicted and punished under S.302(c), P.P.C., instead of S.302(b), P.P.C.---Resultantly, death sentence was converted into imprisonment for fourteen years, in circumstances---Appeal against conviction was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 164--- Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Collection of evidence through modern device---Scope---Accused was charged for committing murder of the brother of complainant by inflicting churri blows---In the present case, most important evidence, which had paramount importance, was…

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