Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Qatl-e-amd, attempt to commit qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Cause and time of death and even death of the deceased having been admitted by both the sides, absence of post mortem report was itself not sufficient to discard the whole prosecution case---Complainant, real brother of accused and other injured eye-witness, another real brother of accused, whose presence at the scene of occurrence had not only been established but was even admitted by the accused, had fully implicated the accused with specific role of firing at the deceased and also injuring the eye-witness seriously, who had received multiple fire arm injuries---Fatal injury caused with rifle was specifically assigned to accused---Ocular account coming from independent natural witnesses was worth reliance---Stance taken by accused to have been involved just to grab his property was not substantiated on record--- Whole family including the wife and mother of accused could not be expected to involve the accused and leave the real culprit---Ocular testimony coupled with medical evidence and motive had proved the prosecution case against the accused---No previous motive existed for the occurrence and there was no premeditation for the same---Accused had fired only one shot at the deceased and did not repeat the same---Occurrence had taken place at the spur of the moment---Appeal of accused was consequently dismissed with the modification that sentence of death awarded to accused under S.302(b), P.P.C. was altered to imprisonment for life, with the direction for both the sentences to run concurrently. Abdul Rehman v. The State 1998 SCMR 1778; Bashir Ahmad v. The State 2004 PCr.LJ 1326 and Muhammad Arshad and 2 others v. The State PLD 1996 SC 122 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-e-amd--- Appreciation of evidence--- Non-performance of post-mortem---Effect---Where prosecution through convincing evidence can establish that death was immediate, proximate and direct cause of injuries sustained without being any element of negligence or other intervention, the non-performance of post-mortem…

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