Law: Penal Code (XLV of 1860)

Section: 302(b),148,149

Law: Code of Criminal Procedure, 1898

Section: V,103

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 & 149---Qatl-i-amd, rioting armed with deadly weapons, unlawful assembly---Appreciation of evidence---Presence of eye-witnesses at the place and time of occurrence proved---Accused was charged that he along with his co-accused persons committed murder of the brother of complainant by firing---Ocular account of the incident hinged upon the testimonies of complainant and an eye-witness, who happened to be the real brother and paternal cousin of deceased---Although both the said witnesses were closely related to the deceased, but their presence at the place of occurrence was quite natural and they had no animus towards the appellant---Complainant while appearing before the Trial Court reiterated the same facts as narrated in the FIR as well as private complaint and his statement had been fully corroborated by eye-witness---Both the eye-witnesses were residents of the same vicinity--Moreover, it was daylight occurrence, took place in that Mohallah, and the appellant was quite familiar to the eye-witnesses prior to the occurrence, therefore, there was no chance of misidentification of the appellant at the time when he was causing firearm injuries to the deceased---Complainant stated during his examination-in-chief that on the fateful day, he along with eyewitnesses were going behind deceased after offering Zohar prayer in "Masjid Aqsa", when deceased reached near his house, the said unfortunate occurrence took place---Similarly, eye-witness during his testimony had completely endorsed the evidence of complainant---In that way the presence of both the eye-witnesses at the time and place of occurrence was quite natural and probable---Said witnesses were cross-examined at length but nothing favourable to the appellant could be brought on the record--- Circumstances established that the prosecution proved its case beyond any shadow of doubt, however, due to some mitigating circumstances, death sentence was altered to imprisonment for life---With said modification in sentence, appeal against conviction was dismissed, in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 148 &…