Law: Pakistan Penal Code, 1860

Section: 302(b), 324, 337-F(3), 148 & 149

 (a) Penal Code (XLV of 1860)---

----Ss. 302(b), 324, 337-F(3), 148 & 149---Qatl-i-amd, attempt to commit qatl-i-amd, ghayr-jaifahhashimah, rioting armed with deadly weapon, unlawful assembly---Appreciation of evidence---Chance witnesses---Presence of chance witnesses at the time and place of occurrence proved---Accused were charged that they made firing upon the complainant party, due to which brother of the complainant died while son of complainant sustained firearm injuries---Previous enmity was stated to be the motive of the occurrence---Ocular account produced by prosecution comprised of statements of complainant, injured and an eye-witness---Though said witnesses were not residents of the place of occurrence yet it had been mentioned in statement as well as in the FIR that residential Dera of the complainant was situated at a distance of about 3-kilometers towards south from village whereas his agricultural land was towards southwest at a distance of about 2-kilometers from residential Dera---On 08.10.2014 at about 12.00 pm (noon), complainant along with deceased and witnesses were coming back after looking at their lands and when they reached near canal outlet, the occurrence took place---Moreover, it is routine of villagers that they usually go to their lands for looking after their crops etc. in the morning time and come back at about noon time---So, complainant and cited eye-witnesses had explained acceptable and valid reason regarding their presence at the relevant "time and place" of occurrence, which was quite natural and appealed to a common prudent man---Furthermore, injured was the eye-witness who received firearm injury on his body during the occurrence and being injured witness his presence at the time and place of occurrence could not be doubted/questioned---In view of above, though they were chance witnesses yet their testimony could not be doubted/thrown away merely for the reason that they had no residence over at the place of occurrence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence of the appellant was reduced to imprisonment for life---Appeal was dismissed with said modification in sentence.