Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Occurrence was a daylight affair, reported to the police with remarkable promptitude---Medico legal examination of complainant/injured witness was conducted under a police docket at 11:45 a.m., followed by autopsy of deceased at 3:00 p.m., durations that coincided with the point of time mentioned in the crime report which confirmed registration of case in the stated manner with exclusion of possibility for deliberations and consultations---Complainant furnished graphic details of the occurrence and injuries sustained by him confirmed his presence at the crime scene---Another eye-witness was an independent witness, who duly corroborated the complainant in his deposition---Injuries suffered both by the deceased as well as the complainant were consistent with the weapon, recovered on accused's disclosure, forensically found to have been stained with blood of human origin---Conviction and sentence of accused as modified by the High Court was maintained --- Petition for leave to appeal was dismissed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Kashif Ali, deceased, 25, along with his father Shoukat Ali (PW-5) managed a kiosk within the remit of Police Station City Arifwala District Pakpattan. On the fateful day i.e. 28.2.2010 at 11:00 a.m. Sadiq Ali, petitioner, complainant's real brother/father-in-law of the deceased asked for a cup of tea, declined by the deceased; infuriated by refusal, he took a Churri from a nearby butcher shop and dealt repeated blows to the deceased on his chest; as the complainant attempted to intervene, he targeted him also on the belly and left hand; commotion attracted the witnesses whereupon the petitioner, while brandishing the weapon, took to the heels; casualties were shifted to the hospital; Kashif Ali succumbed to the injuries on way. The deceased was married with petitioner's daughter Sajida Bibi; the marriage went on rocks and she was residing with her parents; it was in exchange of hand subsequently refused and this background of animosity with an event on the day of occurrence is cited as combined motive for the crime.…

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