Law: Pakistan Penal Code, 1860

Section: 302(b)

PLJ 2026 Cr.C. (Note) 49 [Lahore High Court, Lahore] Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-e-amd--Conviction and sentence--Challenge to--Ocular account--Medical evidence--Investigation--The occurrence was not only erupted at spot between close relatives but also shareholders of ancestral land--The cart was used by complainant to block thoroughfare used by appellant side--The deceased asked his uncle, to desist from interrupted way but they started demolishing on their own side as it had run on land of appellant--However, as per autopsy report as well as medical examination of deceased when in injured condition, use of blunt weapon was indicated--It was also admitted by doctor that head injury could have been caused due to appellant due to hitting of head of deceased to a blunt area--Two person were also injured and their medical examinations were conducted by same doctor and their injuries were suppressed in FIR--The FIR was itself lodged of occurrence which happened of course, without adequately explaining delay--They waited for death of deceased and then lodged FIR on 16.12.2016--In this like situation where there was no pre-planned and no weapon of offence was actually carried by appellant to commit offence, it can safely be concluded that occurrence took place at spur of moment--Importantly, said “Mohri” was recovered after one month--Appeal dismissed.                                                                             [Para 13] A, B, C & D 2020 SCMR 281. Judgment Through this appeal filed under Section 410, Cr.P.C., the judgment dated 14.09.2021 passed by the learned Additional Sessions Judge, Samundri in case FIR No. 270/2016, dated 16.12.2016, under Section 302, 34, PPC, registered at police station Mureedwala, District Faisalabad has…