Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Incident was a broad daylight occurrence and in the promptly lodged F.I.R., all the necessary details of the occurrence had duly been mentioned by the complainant, who was a real daughter of the deceased---No previous enmity existed between the parties and accused was a single nominated accused in the F.I.R.---Prosecution, in order to prove the ocular account had examined real son of the deceased, who had no enmity with accused; and no reason was found for false implication of accused by said witness; his statement was not only straightforward, but coherent and consistent on all material aspects of the case and said statement was corroborated by the medical evidence and was further strengthened by the recovery of crime weapon, blood stained churri---Reports of Chemical Examiner and Serologist, were positive to prove that the churri so recovered at the instance of accused was stained with human blood---Mere relationship of the witness, was not sufficient to discredit his testimony---Non-production of other eye-witnesses was also not damaging for the prosecution, because, it was not the quantity, but the quality of evidence that mattered-Even in the case of a single accused nominated in the F.I.R., it was impossible that near kith and kin would let off the real culprit and would substitute some innocent person in a murder case---Prosecution, in circumstances, had succeeded in proving its case against accused beyond any reasonable doubt and no convincing reason was found to interfere with the finding of the Trial Court regarding the conviction of accused under S.302(b), P.P.C., which was quite in accordance with law and same was maintained. Mandoos Khan v. The State 2003 SCMR 884 and Khalid Saif Ullah v. The State 2008 SCMR 688 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Quantum of sentence---Allegation in the F.I.R. was that accused gave a single churri blow on the person of deceased---Motive set out by the prosecution did not sound the reason because in the F.I.R. no motive was alleged by the…

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