Law: Pakistan Penal Code, 1860

Section: 302,34

PLJ 2026 SC (Cr.C.) 11 [Appellate Jurisdiction] Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 & 34--Qatl-i-Amd--Ocular account--Broad daylight occurrence--Proposition of wrongful substitution--Medical evidence--Minor discrepancies--Testimony is trustworthy and confidence inspiring--Motive--Sentence of death was altered to imprisonment for life--Ocular account of the incident has been furnished--Their testimonies are consistent and corroborative with each other on all material particulars of the occurrence, including the date, time, place, and the modus operandi of the offence--Occurrence took place in broad daylight and the appellant was previously known to the eyewitnesses--The presence of the eyewitnesses at the spot at the time of occurrence has been satisfactorily explained--The proposition of wrongful substitution, in such circumstances where close relatives have witnessed the murder of their kin is inherently implausible--Defence has not been able to bring on record any such motive that could suggest a false implication of the appellant--Autopsy on the dead body of the deceased fully supports the prosecution’s case--Their testimony is trustworthy and confidence inspiring--Minor discrepancies or omissions, which do not got to the root of the prosecution’s case, are to be treated as inconsequential--Courts are to assess the intrinsic worth of the evidence rather than apply rigid or mechanical standards based solely on the status or character of the witness--No instance of misreading or non-reading of evidences either specific or material has been pointed out--Sentence of death was altered to imprisonment for life--Appeal is dismissed.                                                    [Pp. 14,15 & 16] A, B, C, D, E, F, H, I 2021 SCMR 2009; 2023 SCMR 487; 2022 SCMR 1907; 2022 SCMR 1931; 2023 SCMR 900; 1996 SCMR 908; PLD 2003 SC 396; 2010 SCMR 1025; 2011 SCMR 460; 2011 SCMR…