Law: Penal Code (XLV of 1860)

Section: 302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd, attempt to commit qatl-e-amd---Appreciation of evidence---Eye-witnesses being the residents of the Dera of occurrence were the most natural witnesses and their presence at the scene of occurrence could not be doubted---Complainant had given a complete description of the occurrence implicating the accused fully in giving repeated Toka blows to the deceased and the injured lady---Presence of the injured witness on the spot at the relevant time was also proved due to the injuries sustained by her while saving her deceased brother from the assault of accused---Said injured witness was consistent on each and every material point regarding the role of accused, causing of injuries, the weapon used and identity of accused---Ocular account furnished by both the eye-witnesses, who had nothing to falsely implicate the accused, was straightforward and trustworthy---Accused and the witnesses were already well known to each other to their close relationship and close living---Accused had to be very close to the deceased and the injured witness while causing them Toka injuries---Identification of accused at the time of occurrence in moon light by the witnesses was not open to any doubt---Motive as alleged in the F.I.R. and mentioned by the eye-witnesses in the court having not been challenged by the defence in cross-examination, would be deemed to have been admitted by the accused---Medical evidence had fully supported the ocular version---Toka recovered from the accused found to have been stained with human blood, had further corroborated the ocular account---Real sister of the accused had not supported his version, nor she and her son who could have compounded the offence, had come forward to rescue the accused, this circumstance had also supported the prosecution case---Desperate and brutal act of accused had indicated that it was a calculated murder and there was no mitigating circumstance in his favour---Conviction and sentence of accused were upheld in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qanun-e-Shahadat (10 of 1984), Arts. 132 & 133---Qatl-e-amd, attempt to…

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