Law: Penal Code (XLV of 1860)

Section: 302(b)/34

(a) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd---Appreciation of evidence---Occurrence had taken place in daylight---Promptly lodged F.I.R. had eliminated the possibility of any consultation or premeditation---Accused was nominated in the F.I.R. with a specific role played in the incident---Ocular account was consistent and in line with medical evidence---Occurrence and place of occurrence were admitted by the accused---Specific plea taken by accused about the complainant party having acted in aggression in the occurrence, had not been substantiated by producing any evidence by him, nor he had appeared as his own witness on oath under S. 340(2), Cr.P.C.---Two eye-witnesses were independent witnesses of the occurrence---Dagger recovered on the pointation of accused was found to be stained with human blood by Serologist---Weakness or non-existence of motive was not fatal to the prosecution case in the presence of proved and corroborated ocular testimony---Conviction and sentence of death of accused were upheld in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34---Qatl-e-amd---Appreciation of evidence---Motive---Weakness or non-existence of motive---Significance---Weakness or non-existence of motive is not fatal to prosecution case, particularly when the ocular account is proved and has been corroborated by medical and other evidence. (c) Penal Code (XLV of 1860)--- ----S. 334---Criminal Procedure Code (V of 1898), S. 417(2-A)---"Itlaf i-udw "---Appeal against acquittal---Dagger recovered at the instance of accused was found to be stained with human blood by the Serologist---Ocular testimony was unanimous that accused had inflicted a dagger blow on the right arm of the prosecution witness, as a result whereof his right arm had been amputated from upper side of the elbow---Medical evidence had corroborated such fact---Trial Court had failed to appreciate the unrebutted evidence on record against the accused---Acquittal of accused by Trial Court was consequently set aside and he was convicted under S. 334, P.P.C. and sentenced to ten years’ R.I. with Arsh equivalent to one half of Diyat in circumstances. JUDGMENT CH. MUHAMMAD TARIQ,…

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