Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-Amd---Appreciation of evidence---Sentence, reduction in---Ocular account---Scope---Accused was charged for committing murder of the deceased by firing---Motive behind the occurrence was a dispute over debt between the deceased and the accused---Both the eye-witnesses had been subjected to cross-examination by the defence but nothing beneficial could be extracted from their mouths---Said witnesses remained stuck to their stance and corroborated each other on all material aspects of the incident, such as the day, date, time and place of occurrence as well as the mode and manner in which the accused committed the murder of the deceased---Eye-witnesses were also consistent on the motive part of the case---Being a broad day light occurrence and accused already known to the eye-witnesses as they were co-villagers inter-se, question of mistaken identity did not arise---Similarly, the promptly lodged report within 30 minutes eliminated the possibility of consultation and deliberation on the part of the complainant in charging the accused---Eye-witnesses had directly and singularly charged the accused for murder of the deceased with a pistol---Nothing had been brought from their mouths in cross-examination so as to question their presence at the spot at the time of occurrence---Similarly, there existed no reason, much less plausible to suggest false implication of the accused by the eye-witnesses by substituting the real culprits---Ocular account of said two witnesses that the accused being sole accused in the case had made fire shots on the deceased---Both the said witnesses had proved their presence at the spot as their evidence were natural, reliable and did not suffer from any serious or material contradictions, therefore, it could not be doubted at all---Circumstances established that the prosecution had proved its case against the accused--- However, his sentence was reduced from life imprisonment to eight years rigorous imprisonment, in circumstances---Appeal was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence,…

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