Law: Penal Code (XLV of 1860)

Section: 302(b),324,109,148,149

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

Section: 129(g)

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 109, 148 149---Qanun-e-Shahadat (10 of 1984), Art. 129(g)--- Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Withholding of material evidence---Scope---Accused were charged for committing murder of the father-in-law, mother-in-law and wife of the complainant by firing---Motive behind the occurrence was previous bloodshed---Record showed that during the occurrence, a passerby who was also injured but could not appear as witness---Defence had seriously objected about her non-appearance so as to push the court to draw an adverse inference---Investigating Officer stated during cross-examination that he never tried to join into investigation the said injured---Record showed that said injured being relative of both the parties did not appear as witness---Defence was at liberty to call for such witness as defence witness or court witness to shatter the prosecution case---Prosecution was not obliged to put her in the dock because it was quality not the quantity that mattered---Circumstances established that the prosecution had successfully proved the case against the present accused on the touchstone of standard required in a criminal case---Appeal against conviction being devoid of merit was dismissed, in circumstances. Khalid Mehmood and another v. The State and others 2021 SCMR 810 ref. Nadeem alias Nanha alias Billa Sher v. State 2010 SCMR 949 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 109, 148 149---Qatl-i-amd, attempt to commit qatl-i-amd, abetment, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Motive was proved---Scope---Accused were charged for committing murder of the father-in-law, mother-in-law and wife of the complainant by firing---Motive in the correct sense, was the emotion supposed to have led to the act---External fact which was sometimes styled the motive, was merely the possible exciting cause of that ‘motive’ and not identical with the motive itself---Accused had stated in his statement under S.342, Cr.P.C., that his father was murdered and he had enmity with the…

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