Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Incident was reported with remarkable promptitude---Occurrence that took place at 11:00 a.m., was reported to the police 45 minutes thereafter, and autopsy was conducted at 5:00 p.m.---Such durations synchronized with the point of time reflected in the crime report---Complainant, who was deceased lady's real son and inmate of the same premises was a natural witness by all standards; his evidence was duly corroborated by another witness---On all the salient features of the case as well as details collateral therewith, both said witnesses were consistent, straight-forward and confidence inspiring, and even otherwise, they had no axe to grind against the accused---Accused being son-in-law of deceased and brother-in-law of complainant could not be conceivably swapped as a scapegoat---Forensic reports were in the positive---Solitary fire shot was consistent with the weapon recovered and found wedded with the casing dispatched before arrest of accused---Accused's absence from law for a considerable span of time heavily militated against the position taken by him during the trial---Wife of accused, who was a common link with the deceased, was the best person to vindicate the position of accused, but she was conspicuously absent during the trial---Conviction and sentence of accused, as modified by the High Court, were maintained---Petition for leave to appeal was dismissed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Irshad Bibi, 62, was shot dead at 11:00 a.m. on 26.1.2009, outside the threshold of her home, located within the precincts of Police Station Tandlianwala, District Faisalabad by Irfan Akram, petitioner, no other than her son-in-law; incident was reported 11:45 p.m. at the spot by her son Shakil Ahmed (PW-7). It was alleged that armed with a .30 caliber pistol, the petitioner persuaded the deceased to sell her residential enclave to apportion the proceed thereof with him; she declined the suggestion at the cost of her life. Arrested on 27.10.2009, the petitioner pursuant to a disclosure led to the recovery of a .30 caliber pistol, found wedded with…

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