Law: Pakistan Penal Code, 1860

Section: 302(b) & 34

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence--Unnatural conduct of eye-witness---Accused were charged for committing murder of the brother of the complainant by strangulation---Record showed that the daughter of the deceased and wife of the accused were eye-witnesses--Evidence showed that there was a dispute between husband and wife concerning the marriage of the witness to Mr. "H" as opposed to another suitor and that there was ill will between them all on account of her marriage to Mr. "H"--Furthermore, all witnesses were related to the deceased as well as the accused which immediately put the on court caution as to the evidence of the witnesses including that of sole eye-witness---Eye-witness stated in her evidence that she woke up in the night and heard her mother and the accused plotting to murder her father on account of the disputes between her mother and father over her marriage to Mr. "H"---No doubt said witness was a natural witness however, her statement was found to be somewhat doubtful/coincidental that she would wake up in the middle of the night, go out of her room and hear her mother and Mr. "H" loudly speaking about murdering her father---Even more damaging to her evidence was the fact that despite returning to her room where her father was sleeping on the floor she took no steps to wake him up and warn him of the plan of his wife and Mr. "H" to murder him---Even more damaging to her evidence was that she was wide awake when her mother and Mr. "H" entered her room and started murdering her father with a piece of cloth around the neck in the case of Mr. "H" and by putting a pillow over deceased's mouth in respect of her mother yet she did nothing to intervene and rather allowed her mother and Mr. "H" to murder her father---Such conduct did not appeal to logic, commonsense and reason and was contrary to natural human conduct and was simply not believable---Appeal against conviction was allowed, in circumstances.Niaz-ud-Din and another v. The State and another 2011 SCMR 725; Qasim Shahzad and another v. The State and others 2023 SCMR 117; Ijaz Ahmad v. The State 2009 SCMR 99;…

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