Law: Penal Code (XLV of 1860)

Section: 302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Single accused---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Accused was singularly charged for murder of the deceased, but that alone was not sufficient to absolve the prosecution to prove its case on the basis of available evidence---No doubt, the substitution of single accused in a murder charge was a rare phenomenon, but at the same time to put rope around the neck of an accused charged singularly, there must be ocular account of unimpeachable character, trustworthy and confidence inspiring, corroborated by circumstantial evidence---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly. Arshad Beg v. The State 2017 SCMR 1727 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Matter reported to police with promptitude---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Occurrence in the present case occurred at about 06.50 a.m., whereas the matter was reported with a remarkable promptitude, followed by postmortem examination, excluding possibility of deliberation and consultation---Circumstances established that the prosecution had succeeded in bringing home charges against the accused through confidence inspiring evidence---Appeal against conviction was dismissed accordingly. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b) 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for making firing upon son and nephew of the complainant, due to which, the son died whereas the nephew escaped unhurt---Ocular account of the incident had been furnished by the complainant and his nephew---Complainant was step-father, while his nephew was brother-in-law of the…

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