Law: Pakistan Penal Code, 1860

Section: 34,302

Law: Criminal Procedure Code (V of 1898)

Section: 342,382B

(a) Penal Code (XLV of 1860)--- ----S. 302/34---Qatl-e-amd---Appreciation of evidence---Incident was a daylight occurrence and accused had been directly charged in the promptly lodged F.I.R. by assigning specific role of firing; and causing brutal murder of deceased with lethal weapon---Both co-accused had been charged for their mere presence and no overt act had been attributed to them---Ocular account furnished by prosecution witnesses was found consistent, trustworthy and confidence-inspiring as they had fully supported each other on material points---Medical evidence furnished by Doctor was fully consistent with ocular account---No major contradiction and discrepancy appeared in evidence of prosecution---Prosecution witnesses stood firm and their testimony could not be shattered, though they were subjected to lengthy cross-examination--Accused went into hiding and remained fugitive from law for sufficient long time---Unlicensed crime weapon .222 bore rifle recovered from accused was sent to Arms Expert for analysis along with the empties recovered from the spot and in that respect was positive---Sufficient ocular as well as circumstantial evidence existed which had reasonably connected accused with the commission of offence---Prosecution had proved its case against accused beyond any shadow of doubt---Case against both co-accused having stood on different footings, Trial Court had acquitted them---Trial Court had considered each and every aspect of the case and rendered a well-reasoned warranting no interference by High Court---Impugned conviction and sentence against accused was maintained. 2007 SCMR 1427; PLD 2008 SC 1; 2001 SCMR 566; 2004 SCMR 477; 2008SCMR 222, 1992 SCMR 1036; 2004 PCr.LJ 1684 and Mst. Mumtaz Begum v. Ghulam Farid and another 2003 SCMR 647 ref. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Qatl-e-amd---Enhancement of sentence---Complainant had filed criminal revision for enhancement of sentence of accused---Trial Court on the question of appropriate punishment had advanced the reason that since three accused had been charged in the case, out of whom the case of two accused persons was not free front doubt, besides long standing…

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