Law: Pakistan Penal Code, 1860

Section: 147,148,149,300,302,302(b),315,316,324

Law: Criminal Procedure Code (V of 1898)

Section: 340(2),342,510,544A

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 315 & 316---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Prosecution witnesses who claimed to have seen the occurrence, had given details of the incident---Despite lengthy cross-examination the defence had failed to create any dent in the veracity of witnesses except a few discrepancies which were immaterial and not fatal to the evidence---Witnesses were residents of the adjacent village and their presence at the place of occurrence could not be doubted being natural witnesses---Occurrence having taken place in broad-daylight, no possibility of mistaken identity was present---Evidence of witnesses was not suffering from any material contradiction, discrepancy or inherent infirmity---Said witnesses were closely related to deceased, but only on account of relationship with the deceased, they could not be termed as interested witnesses for the reason that they had no direct animosity with accused---Statement of a material witness, who was truthful and whose presence at the place of occurrence could not be doubted, could not be discarded merely on the ground that he was related and interested witness---Statements of said witnesses were not only corroborated by the medical evidence, but also by the recovery of kalashnikov from possession of accused on his pointation from his house--Positive report of Firearm Expert, had further corroborated the ocular evidence furnished by said two witnesses---Prosecution had succeeded to prove its case against accused, in circumstances---Offence committed by accused, fell within the purview of S.315, P.P.C. punishable under S.316, P.P.C., which entailed punishment with imprisonment of either description for a term extending to 25 years as Ta'zir---Deceased had sustained only one injury on anterior aspect of upper thigh, which in the ordinary course of nature was not likely to cause death---Death sentence awarded to accused under S.302(b), P.P.C., was set aside and he was convicted and sentenced under S.316, P.P.C. to suffer life imprisonment---Murder Reference was answered in negative. Muhammad Amin v. The State 2000 SCMR 1784 and Muhammad Akhtar Ali v. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492