Law: Pakistan Penal Code, 1860

Section: 302(b), 324 & 34

(a) Penal Code (XLV of 1860)-------Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Appreciation of evidence---Prompty lodged FIR---Ocular account supported by medical evidence---No chance of false implication---Accused were charged for committing murder of the son of complainant by firing and causing fire arm injuries to the complainant---Occurrence took place in the street on 28.05.2016 at 09.40 pm whereafter FIR was lodged on the same night at 11.10 pm---Accused was son-in-law of the complainant, and having that close relationship, there was no question of his mis-identity despite the fact that occurrence took place at night as complainant could not take risk to falsely involve his son-in-law in the murder case of his son to ruin the matrimonial life of his daughter, especially when in the same occurrence complainant himself sustained firearm injuries---In such like cases, substitution of an accused was a rare phenomenon---Both the eye-witnesses were cross-examined at length but their evidence could not be shaken during the process of cross-examination---Eye-witnesses had corroborated each other on all material aspects of the case and they had also established their presence at the time of occurrence and at the place of occurrence with their stated reasons---Evidence of eye-witnesses was straightforward, trustworthy and confidence inspiring---Medical Officer during medical examination observed firearm entry wound on left thigh of deceased, then injured, and firearm grazing wounds on the fingers of right hand of injured/complainant, which were attributed to the accused---On death of deceased, Medical Officer during post-mortem examination also observed firearm injuries on dead body of the deceased which were ante-mortem in nature and were sufficient to cause death in ordinary course of nature, therefore, the medical evidence had fully supported the ocular account---Circumstances established that the prosecution had proved its case beyond shadow of doubt against the accused, however, due to some mitigating circumstances, his death sentence was altered to imprisonment for life--Appeal was dismissed with said modification…

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