Law: Pakistan Penal Code, 1860

Section: 302(b), 324, 34, 337-A(i), 337-Y, 452, 365-B, 496-A, 109, 148, 149

Law: Code of Criminal Procedure, 1898

Section: 544-A, 382-B, 265-C, 342, 340(2)

Summary (a) Criminal Procedure Code, 1898….S.302/324/34 PPC—re-appraisal of evidence— According to prosecution story, the complainant alongwith his brother were sitting in front of the shop of one Asghar at Tank-Jandola main road at early morning when the accused duly armed arrived there, beaten the complainant who sustained injuries and also made firing at them, as a result brother of complainant died on the spot. It was a daylight occurrence and reported with promptitude, excluding the possibility of false implication. (b) Criminal Procedure Code, 1898…S.302/324/34 PPC—re-appraisal of evidence— The mere fact that the deceased was brother of the complainant would not be a ground, especially when he himself sustained injuries, his otherwise confidence inspiring testimony corroborated by the medical evidence could not be discarded on this score alone. The complainant remained firm qua shifting of the dead body from the spot to the hospital while disclosing the mode of transportation. The mode and manner of the occurrence was explained in a natural and coherent manner and could not be shaken in cross-examination. (c) Criminal Procedure Code, 1898…S.302/324/34 PPC—re-appraisal of evidence—The FSL qua crime empties recovered from the spot furnished corroborative support to the prosecution case. (d) Criminal Procedure Code, 1898.…S.302/324/34 PPC—re-appraisal of evidence—The prosecuting succeeded to prove the motive setup in the FIR by placing on file and exhibiting copy of FR No.71, dated 03.3.2016, registered under sections 452, 365-B, 496-A, 109, 148, 149 PPC of Police Station Gomal University (Ex. Pw 11/3). Similarly, a Madd Report No.12 (Ex. PW 11/4), entered in Police Station Gomal University, a day prior to the present occurrence on the report of deceased against the accused for beating him and his wife. (Appeal was dismissed in the circumstances). The case involved the murder of Qazi Rehman and injuries caused to complainant Baqi Rehman due to a dispute over womenfolk. According to the prosecution, accused Sharab Din, Salah-ud-Din, and Qamar Din attacked the complainant party with…