Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Accused was charged for committing murder of his brother by firing---In the case at hand, the FIR had been lodged with great promptitude wherein the present accused had been nominated as the sole perpetrator of the murder---In the FIR, specific allegations had been levelled against the accused vis-a-vis causing specific injuries to the deceased, and those allegations had subsequently been substantiated and established through consistent statements made by three eye-witnesses, in whose presence the accused dragged the deceased from dates Orchard on the road and caused fires in the presence of natural witnesses---Motive, in this case, was barbaric hostility which had not been seriously doubted during the trial---Moreover, the medical evidence supported the ocular account furnished by the natural and consistent eye-witnesses---Physical custody of accused and the weapon recovered from him were handed over to the local Police by F.C---Moreover, in his statement under S. 342, Cr.P.C., the accused had not disputed him having been identified by the eye-witnesses in the identification parade---In these circumstances, the involvement of accused in the murder had indeed been proved by the prosecution beyond reasonable doubt---Variable plea of defence, including sudden provocation, advanced by the accused, did not appeal to logic and reason---Further, accused had failed to produce any witness in his defence who could enter the witness box and confirm the plea being advanced by the accused---Record showed that it was a painful and cold-blooded murder of an innocent and empty-handed young student who came to help his old age parents but was done to death without any reason or fault on his part---No mitigating circumstance for lesser punishment was available---Appeal against conviction was dismissed, in circumstances. Hamid Mehmood and another v. The State 2013 SCMR 1314 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account proved---Accused was charged for committing murder of his brother by firing---Ocular account was supported by…

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