Law: Penal Code (XLV of 1860)

Section: 302(b),324,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Delay of about six hours in lodging the FIR---Scope---Accused were charged for committing murder of parents of complainant and also injuring him by firing---Admittedly, there was a delay of about six hours in reporting the matter---Conduct and attitude on the part of the complainant appeared to be quite natural as the complainant detailed everything in a straightforward manner while recording the FIR---Circumstances established that the prosecution had proved its case against the accused beyond shadow of doubt---Certain mitigating circumstances were found, thus while maintaining the convictions, death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence. Muhammad Zubair v. State 2007 SCMR 437; Mushtaq Hussain and another v. State 2011 SCMR 45 and Nasir Iqbal alias Nasra and another v. The State 2016 SCMR 2152 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Sentence, reduction in---Ocular account supported by medical evidence---Scope---Accused were charged for committing murder of parents of complainant and also injuring him by firing---Ocular account of the occurrence had been furnished by complainant/injured and an eye-witness---Eye-witness narrated the whole story with regard to the occurrence and had correctly stated the time,date and manner in which the occurrence took place---Complainant had categorically identified the accused before the court---Said witnesses attributed the role of firing to the accused persons---Said witnesses gave a consistent and straightforward ocular account of the occurrence---Despite conducting extensive and lengthy cross-examination, nothing was brought on record which might significantly demonstrate that the account of said eye-witnesses was false or their presence at the scene of the crime was doubtful or distrustful---Presence of the said witnesses on the spot was also proved---On the same date, the…

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