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--

-Ocular account supported by medical evidence---Accused were charged for committing murder of the brother of complainant by firing---In the case in hand three eye-witnesses including the complainant had fully supported the case by specifically deposing that on the day of incident in their presence appellant and his accomplices made straight firing from their pistols upon deceased who received firearm injuries---Complainant party took him for treatment to the hospital however he succumbed to the injuries at the gate of hospital---Moreover, it was daytime incident and the parties were known to each other being relatives and residents of the same vicinity---As per the evidence of eye-witnesses the accused did not conceal their faces therefore there was no chance of mistaken identity---Perusal of record reflected that the incident took place on 25-07-2020 at 1020 hours and on the same day at 1100 hours complainant brought the deceased at hospital where at the main gate of hospital deceased died---According to evidence of Medical Officer the police reached and completed the legal formalities which suggested that complainant was in contact with the police to whom he narrated the offence promptly---Evidence of three eye-witnesses that accused ran away by foot from the place of incident leaving his motorbike as his motorbike did not start was strengthened from the fact that from the place of incident said motorbike was recovered by the police---Ocular account furnished by three eye-witnesses was further supported by the medical account and to prove unnatural death of deceased, the prosecution examined Medical Officer who while deposing had confirmed that on 25.07.2020, he received dead body brought at hospital for conducting postmortem and report---As per the postmortem report deceased received 05 firearm injuries which were through and through---Defence cross-examined the Medical Officer but did not succeed in getting any material which might favour the appellant---Appeal against conviction was dismissed, in circumstances.