Law: Penal Code (XLV of 1860)

Section: 302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Ocular account proved---Accused was charged for making firing upon complainant, his brother and son, however son of complainant was hit and died at the spot---Complainant and his brother while furnishing ocular account of the incident had directly and singularly charged the accused for murder of deceased and murderous attempt at their lives---Eye-witnesses had been subjected to lengthy and taxing cross-examination but nothing of the sort to discredit their testimony could be extracted from their mouths---No reason and circumstance had been extracted from their mouths, by the defence, to remotely suggest substitution and false implication of the accused---Eye-witnesses had corroborated each other on all material aspects of the occurrence such as the day, date, time and place of occurrence and the mode and manner in which the accused arrived at the spot and committed the offence---Accused was the co-villager of the eye-witnesses and was already known to them---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-i-amd, attempt to commit qatl-i-amd---Appreciation of evidence---Substitution of real culprit unlikely---Accused was charged for making firing upon complainant, his brother and son, however son of complainant was hit and died at the spot---It did not appeal to a prudent mind that a father and uncle of the deceased would spare the real culprit and charge an innocent person for murder of the deceased---Even otherwise, substitution of real culprit charged directly and singularly was a rare phenomenon in the system of criminal justice---Circumstances established that the prosecution had succeeded in proving its case against the accused beyond shadow of any doubt---Appeal against conviction was accordingly dismissed. Allah Ditta v. The State PLD 2002 SC 52 and Muhammad Iqbal v. The State PLD 2001 SC 222 rel. (c) Penal Code (XLV of 1860)--- ----Ss.…

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