Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)---S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Triple murder---Death sentence on three counts---Accused was alleged to have murdered his real brother, his sister-in-law and a relative---Litigation between the accused and his deceased brother was admitted---Both eye-witnesses were members of the same clan as the accused and they pointed their fingers singularly upon the accused as being the sole perpetrator of the crime---Statements of said eye-witnesses were in a comfortable unison on all the salient details of the occurrence as well as issues collateral therewith---Being resident of the same neighbourhood, their presence could not be doubted---Similarly, old age and weak eye sight of the one of the eye-witnesses, with frail health did not reflect upon his credentials as a truthful witness at the age of 65 to hypothesize mistaken identity of a close relative (i.e. the accused), figuring singularly on the scene---Preponderance of ocular account, being consistent with medical evidence and durations given therein, in itself constitute ‘proof beyond doubt’ inescapably pointing towards culpability of accused---Three innocent persons including two women in their prime youth had been done to death with repeated fire shots, two in the safety of their home, in the most callous and brute manner, thus, the death sentence on three counts awarded to the accused was conscionable in circumstances---Petition for leave to appeal was dismissed and leave was refused. (b) Administration of justice--- ----Inconsequential lapse or failure on part of prosecution to observe a procedural formality---Where such lapse or failure did not cause prejudice or handicap to an accused in his defence, the same cannot be allowed to deny justice to the victim of crime. JUDGMENT: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Muhammad Irfan, 50, along with his wife Rafia Begum, 45, was attending Khan Muhammad accompanied by his brother Fateh Muhammad inside his house located within the precincts of Police Station Saddar Talagang, at 6:30 p.m. on 12.3.2009 when Noor Zaman petitioner armed with a .30 caliber pistol surprised them; aggrieved over denial of some piece of…

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