Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged for committing murder of the deceased and causing injuries to the complainant by inflicting dagger blows---Ocular account of the incident had been furnished by the injured and complainant, who was also eye-witness of the occurrence---Complainant testified that on day of occurrence at 12.20 a.m., he was present in the hotel, when owner of the hotel told him to account for the daily sale, as such deceased went to the accused party and asked to pay the dues, whereupon co-accused caught hold of the deceased and present accused inflicted dagger blow and when he went to rescue the deceased, accused injured him with his dagger---Record showed that the statement of the complainant was found to be natural and confidence inspiring, which had not been shattered by the defence---Though, the defence denied the testimony of complainant, but did not controvert the death of the deceased having been caused due to dagger blow---Prosecution to establish the unnatural death caused by dagger produced Medical Officer, who stated that on the same day, she medically examined deceased---Medical evidence of the deceased showed three stab wounds, one on the left side of the chest, second on the left arm and the last one on the right side of the abdomen---Medical Officer opined the cause of death to be damaged vital organ caused by a sharp weapon---Medico-Legal Certificate of the injured showed that he had received two wounds caused with a sharp weapon on his thigh---Medical evidence had confirmed the testimony of injured complainant---Even otherwise, at no stage the defence had disputed the unnatural death of the deceased caused by the dagger---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---However, due to mitigating circumstances, the death sentence was altered to imprisonment for life---Appeal was dismissed with said modification in sentence. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of crime weapon on the…

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