Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Corroborated statements of eye-witnesses who had stood firm during cross-examination could not be discarded due to their affinity with the deceased---Ocular testimony was straightforward, credible and confidence inspiring and the same had no material contradiction---Medical evidence had corroborated the ocular version---Presence of eye-witnesses at the scene of occurrence was natural---Defence had failed to substantiate its version through any evidence---Occurrence had taken place in daylight---F.I.R. had been promptly lodged---Specific role of firing had been attributed to accused by eye-witnesses---Guilt of accused stood proved---Alleged motive was not proved and the place of occurrence had been withheld by the prosecution---Accused, a young boy of 19/20 years of age, had committed the offence under the command of his father and elder brother---Conviction of accused was upheld, but his death sentence was commuted to imprisonment for life in circumstances. Tariq and 2 others v. The State 1995 SCMR 168 and Abdul Majeed alias Jaidu and others v. The State 1996 SCMR 333 rel. Amin Ali and another v. The State 2011 SCMR 323; Riaz Hussain v. The State 2001 SCMR 177 and Khadim Hussain v. The State PLD 2010 SC 669 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Related wit-nesses, credibility of---Statements of eye-witnesses cannot be discarded on account of their relationship with the deceased, if they stand firm in cross-examination and are corroborated by sufficient material evidence. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Corroboration---Principle---Corroboration is necessary in the given circumstances only for safe dispensation of justice, but the scope of this principle cannot be extended to the ancillary facts testified by the witnesses. Riaz Hussain v. The State 2001 SCMR 177 ref. (d) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence---Mitigating circumstance---Commission of murder under the influence or on the…

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