Law: Penal Code (XLV of 1860)

Section: 302(b),34

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Presence of the accused at the time and place of occurrence proved---Accused were charged for committing murder of the father of complainant by firing, however, the victim also made firing in self defence, as a result of which, one of the accused got injured---Motive for the occurrence was alleged as previous blood feud---Record showed that on the same day of occurrence, accused Mr. "J" also lodged FIR under S. 324, P.P.C., to the effect that on the eventful day, deceased made firing at him with his pistol with intention to commit his qatl-i-amd, as a result of which, he got injured---Accused also retaliated the firing due to which deceased got hit and died on the spot---Both the FIRs confirmed the occurrence and presence of the accused and the deceased at the spot---Prosecution had successfully established the charge to the extent of main accused Mr. "J" through cogent, consistent and confidence inspiring evidence---Appeal against conviction to the extent of said accused was accordingly dismissed. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Ocular account proved---Accused were charged for committing murder of the father of complainant by firing---Ocular evidence had been furnished by the complainant and his brother---Said witnesses reiterated the contents of FIR in their respective statements---In their statements they specifically stated that the accused Mr. "J" and Mr. "A" duly equipped with pistols made firing at their father with their pistols, as a result of which, he got hit and died on the spot---Said witnesses also stated that their father also made firing at the accused in self-defence due to which accused Mr. "J" got injured---Said witnesses fully corroborated the contents of FIR---Eye-witnesses had also correctly narrated the date, time, the place of occurrence and the manner of occurrence, and despite lengthy cross-examination they remained firm in their deposition---Prosecution had successfully established the charge to the extent of main accused Mr. "J" through…

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