Law: Pakistan Penal Code, 1860

Section: 148,149,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,376,382B,544A

Penal Code (XLV of 1860)--- ----Ss. 302(b)/ 148/ 149--- Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---No inordinate delay had been caused by the complainant party in the lodging of the F.I.R.---Motive as alleged, seemed to not fit in the prosecution story and same had not been proved by the prosecution---Ocular testimony was not only inter se consistent, but had been corroborated by the medical evidence---No major flaw had been found in the prosecution version during cross-examination---Evidence of two witnesses could not be thrown out of consideration just on the ground that they were related to the deceased; and mere relationship by itself was no ground to disbelieve their evidence---Testimony of two eye-witnesses being natural, not suffering from any dishonest improvement, could be believed---No crime empty was taken into possession from the spot---Alleged 8 mm rifle recovered from the accused being a licenced one, would have to be in working order and the same result had been produced by the Forensic Science Laboratory---Report was mute as to when the last fire shot was made from its barrel---Recovery of alleged crime weapon, in circumstances, being inconsequential, was thrown out of consideration---Medical evidence, was in line with the ocular account and deformed metallic piece was extracted from the corpus at the time of autopsy, which in circumstances, corroborated the ocular testimony and was believed---Prosecution had been able to prove its case against accused beyond any shadow of doubt---Capital sentence awarded to accused by the Trial Court, however, could not be upheld for the reasons that no previous deep-rooted enmity had been found between the parties; that it was a case of single fire shot; that motive had not been proved by the prosecution and that recovery of crime weapon lacked legal value being not supported by positive ballistic report the same, in circumstances, could not be used against accused---Mitigating circum-stances being present in the quantum of sentence of accused, death sentence awarded to accused was converted into imprisonment for life, in circumstances. THIS JUDGMENT DELIVERED BY: MAZHAR IQBAL SIDHU,…

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