Law: Penal Code (XLV of 1860)

Section: 302(b)

Per Muhammad Noor Meskanzai, CJ. [Minority view] (a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account supported by medical evidence---Accused was charged that he along with his co-accused drove cattle of complainant party; son of complainant tried to grapple with them, on which accused fired at him and killed him---Ocular account was furnished by two witnesses, complainant and an eye-witness---Complainant narrated the facts in a natural way and supported the contents of FIR in letter and spirit---Lengthy cross-examination was conducted but the defence failed to shake and shatter the statement---No omission, contradiction or improvement could be brought on record---Similarly, other witness, who too was an eye-witness of the incident, supported complainant on each and every material aspect---During the course of cross-examination the witness stuck to his version despite lengthy cross-examination and nothing favourable to accused could be extracted---Medical Officer produced MLC and postmortem report which corroborated ocular account in as much as the witnesses deposed that the firing was made from a very short distance---Presence of blackening on entrance wound corroborated the ocular account---Appeal against conviction was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Recovery of crime empties from the spot---Reliance---Accused was charged that he along with his co-accused drove cattle of complainant party; son of complainant tried to grapple with them, on which accused fired at him and killed him---Although no recovery of crime weapon was effected as admittedly the convict was arrested after six years but nevertheless the recovery of empty shells from venue could not be overlooked---Recovery of empty shells of various kinds of weapons also corroborated the ocular account, inasmuch as, the accused were numerous and armed with different kinds of weapons---Except very minute and immaterial contradiction, the prosecution evidence was straight forward, coherent, confidence inspiring and did not suffer from any defect rendering it…

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