Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---In the FIR, it was specifically mentioned that the accused and co-accused fired at the deceased and due to their firing, the deceased received fire shots and succumbed to the injures---Names of the eyewitnesses had specifically been mentioned in the FIR---Matter was promptly reported to the police and the postmortem was also conducted promptly, which excluded the possibility of consultation or deliberation on the part of the prosecution---Ocular account which otherwise was trustworthy was fully supported by the medical evidence so far as injuries received by the deceased and time of occurrence etc, were concerned---No contradiction were found between the ocular account and the medical evidence---Ocular account was further corroborated by the abscondence of the accused as he remained fugitive from law and had to be declared a proclaimed offender---Likewise the co-accused was arrested 25/26 days after the incident---Non-dispatching of the empties to the firearm expert was not fatal to the prosecution case as no weapon was recovered during investigation of the case---Sentences of imprisonment for life awarded to accused persons were maintained---Petitions for leave to appeal were dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Eye-witnesses, testimony of---Though eye-witnesses of the occurrence were related to the deceased but they had no ill will or motive to falsely implicate the accused persons---Said witnesses remained consistent on each and every material point despite lengthy cross-examination and both the Courts below, after appraisal of the evidence, found them truthful and reliable witnesses---No material discrepancy or improvement was found in their statements---Sentences of imprisonment for life awarded to accused persons were maintained---Petitions for leave to appeal were dismissed. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Eye-witnesses not attributing specific injuries to each accused person---Immaterial---In the present case, when three persons started firing upon one…

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