Law: Penal Code (XLV of 1860)

Section: 302,109

(a) Penal Code (XLV of 1860)--- ----Ss. 302, 109---Qatl-i-amd, abetment---Appreciation of evidence---Natural presence of the eye-witnesses at the spot---Accused was charged for committing murder of the brother of the complainant by firing---First Information Report was lodged with remarkable promptitude in which single accused was nominated---Ocular account in the case had been furnished by the complainant and four other witnesses, so five eye-witnesses were produced by the prosecution---Presence of the said eye-witnesses at the place of incident was justified as one witness was the father of the deceased, while three other witnesses were real brothers of deceased and they all were living in the same house which fact was not disputed by the defense side during cross-examination---Apart from that another eye-witness lived in the neighborhood of the deceased, therefore the presence of thesaid witnesses at the place of incident was natural and logically they were the natural eye-witnesses as incident took place just after Sehri time, in early hours of the morning, in front of the house of deceased---Circumstances established that the prosecution successfully brought home the charge against the accused beyond any shadow of doubt---Appeal against conviction was dismissed, in circumstances. Major (R.) Nadir Ali v. The State 2003 YLR 761; Mir Mat Khan alias Matokai v. The State 2002 PCr.LJ 1914; Sobho v. The State PLD 2004 Kar. 8; Shafique Ahmed v. The State 1997 PCr.LJ 1; Mir Hassan v. The State 1999 SCMR 1418; Riaz Ahmed v. The State 2010 SCMR 846; The State v. Muhammad Haroon PLD 2006 Kar. 20 and Muhammad Mukhtiar alias Moju v. The State 2010 PCr.LJ 1750 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302, 109---Qatl-i-amd, abetment---Appreciation of evidence---Related witnesses---Reliance---Accused was charged for committing murder of the brother of the complainant by firing---Five eye-witnesses recorded their statements and identified the accused as he was previously known to them, therefore there was no question of misidentification---So the testimony of said witnesses, though they were relatives of deceased, could not be discarded on the basis of mere…

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