Law: Pakistan Penal Code, 1860

Section: 302(b),302(34)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 140

Law: Criminal Procedure Code (V of 1898)

Section: 417(2A)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Criminal Procedure Code (V of 1898), S. 417(2-A)---Qatl-e-amd, common intention--- Appeal against acquittal---Appreciation of evidence---Attribution against accused, who was allegedly armed with .12 bore gun, was that he fired a shot with said gun at the deceased, which hit him on the right side of the chest---Both, the complainant and other prosecution witness, had reiterated prosecution version with regard to culpability of accused---Testimonies of both said prosecution witnesses were consistent and in line to each other with regard to attribution against accused for causing the fire-arm injury on the right side of the chest of the deceased---Ocular account was also corroborated by the medical evidence produced by the prosecution---F.I. R. was promptly lodged and promptitude in lodging of the F.I.R. was always considered to having guarantee of truth to a great extent---Motive was not denied---Mere factum that the Police had failed to recover any weapon of offence from accused, was no reason to disbelieve the consistent, reliable and trustworthy ocular account produced by the eye-witnesses fully corroborated by medical evidence--Impugned passed by the Trial Court with regard to acquittal of said accused was perverse, based on non-reading and misreading of evidence, arbitrary, not sustainable in the eye of law and suffered from factual and legal infirmity, and was liable to set aside---Appeal against acquittal to the extent of said accused was allowed and impugned order of acquitted to his extent was set aside---In view of extenuating circumstances of the case, accused was sentenced to imprisonment for life as Tazir, in circumstances. Ram Bali and others v. State AIR (38) 1952 Allahabad 289; Mushtaq Hussain and another v. The State 2011 SCMR 45 and Farman Ali and 2 others v. The State 1992 SCMR 2055 rel. (b) Qanun-e-Shahadat (10 of 1984)-. ---Art.140---Cross-examination as to previous statements in writing---Under Art.140 of Qanun-e-Shahadat, 1984, a witness could be cross-examined as to previous statements made by him in writing or reduced into writing; and relevant to matters in question without such writing…

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