Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---First Information Report lodged with promptitude---Accused was charged for committing murder of his mother with axe blows---Motive for the commission of offence was stated to be a domestic dispute---Accused and complainant were real brothers inter-se, therefore, there was no chance of misidentification or false implication qua the guilt of the accused coupled with the fact that not only the matter was reported to the local police with utmost promptitude i.e. within one hour but in the event in hand, a single accused was charged for inflicting axe blow injury on the head of his real mother---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, the sentence of life imprisonment was altered to imprisonment for ten years---Appeal was dismissed with modification of sentence.(b) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Ocular account proved---Accused was charged for committing murder of his mother with axe blows---In the case in hand the ocular-account had been furnished by the complainant and daughter of the deceased---Testimonies of both the witnesses were quite natural as they had narrated the real facts in respect of the murder of their mother at the hands of nobody else but their real bother i.e. the accused---Both the witnesses overcame searching and lengthy cross-examination by the defence but the probative worth of their accounts qua the guilt of the accused could not be shattered in any manner, whatsoever---Admitted fact on both ends that the subject event had taken place inside the house of the complainant party and the accused was also not a stranger to the aggrieved party as he was nobody else but the real brother of the complainant, therefore, the presence of witnesses being inmates of the same house could not be excluded by any stretch of imagination---In view of the peculiar facts and circumstances of the subject event the accounts of both the eye-witnesses were prima facie in line with the version of the…

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