Law: Pakistan Penal Code, 1860

Section: 302(b),324,34,337-F(iii),337-D

Law: Criminal Procedure Code (V of 1898)

Section: 161

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b)/324/34/337-F(iii)/337-D---Qatl-e-amd, attempt to commit qatl-e-amd, common intention, ghayr-jaifah-mutalahimah, jaifah---Appreciation of evidence---Incident reported to police promptly---Motive for occurrence established---Enmity between parties admitted---Medical evidence corroborating ocular account---Defence plea not believable---Effect---Accused persons while armed with weapons allegedly ambushed the deceased persons and the injured witness---Motive for the occurrence was strained and tense relations between the parties spanning over a period of 4 to 5 years---Although complainant was brother of the deceased persons and injured witness was also related to the deceased, but their evidence could not simply be discarded due to their relationship--- Matter was reported to the police within two hours---Enmity between the parties stood admitted and prosecution had successfully proved the motive for the occurrence---Presence of injured witness at the place of occurrence could not be questioned and he had perfectly corroborated his stance before the police, as contained in his statement under S.161, Cr.P.C.---Medical evidence provided corroboration to the witnesses of the ocular account as both the deceased persons and the injured witness had received multiple sharp edged injuries---Duration of injuries, time elapsed between injuries and death, and between death and post-mortem examination were all in line with the ocular account furnished by complainant and injured witness---Medical officers were subjected to detailed cross-examination but no infirmity was found in their statements---Regarding recovery of weapons at instance of accused persons, report of Chemical Examiner revealed that weapons were stained with blood and scrapings thereof sent to Serologist had been found to be of human origin---Weapons recovered from accused persons and scrapings thereof, had been received in sealed parcels by the relevant Laboratories---Defence did not suggest that weapons were sent to the relevant Laboratories after having been tampered with in any manner---One of the accused took the defence plea that deceased and injured witness…

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