Law: Penal Code (XLV of 1860)

Section: 302(b),109,34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 109 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Accused was charged for committing murder of the brother of complainant by firing---Motive behind the occurrence was stated to be a dispute over a relation between the deceased and family of accused to which the arbitrators tried to resolve the matter, but the accused murdered the deceased---Comparative study of direct evidence produced through eye-witnesses while the circumstantial evidence produced through other two witnesses established the fact that the accused due to matrimonial dispute committed the murder of deceased---Eye-witnesses were in line with each other giving each and every detail of the occurrence---Said witnesses remained consistent in their testimonies---Both the eye-witnesses correctly identified the accused in the Trial Court as assailant, who committed the murder of deceased through pistol---Both the said witnesses correctly stated the date, time and the place of occurrence as well as the manner, in which the occurrence had taken place---Testimonies of said witnesses were tested through cross-examination by the defence, but they remained consistent in their statements and the prosecution had failed to give any slightest dent or jolt to their testimonies---Besides, the occurrence had taken place during the day light, thus there was no occasion for mistaken identity of the accused---Complainant being the real brother of deceased would never raise his finger on innocent leaving the actual and real culprits scot-free, who committed the murder of his brother---Circumstances established that the prosecution had succeeded in proving the charge against the accused through direct, circumstantial and medical evidence---Appeal being devoid of merits, was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 109 34---Qatl-i-amd, abetment, common intention---Appreciation of evidence---Related and interested witness---Scope---Accused was charged for committing murder of the brother of complainant by firing---Allegedly, one of the eye-witnesses was interested witness and the case of prosecution was lacking…

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