Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Report was lodged after two and a half hours from the occurrence---Such delay in lodging report being a natural consequence, had sufficiently been explained by the prosecution in the evidence---Neither of the eye-witnesses was related to either party nor had got any cordial relation with any one of them; they were cross-examined at length, but nothing was brought on the record to show their interest with the deceased party or any motive to falsely charge accused; their testimony was confidence inspiring; and no inherent flaw was found therein---Presence of. said eye-witnesses could not be doubted as at the relevant time they were present in the lands in vicinity of their village---Eye-witness account was not in conflict with the medical evidence---Even if the eye-witness account was in conflict with medical evidence, the confidence inspiring ocular account could not be overlooked---Prosecution, in circumstances, had proved its case beyond any shadow of reasonable doubt---Guilt of accused had been proved by the testimony of two disinterested eye-witnesses whose statements could not be shattered in cross-examination---Accused, in circumstances, was rightly held guilty of the offence charged with---Evidence brought on record commensurated with the sentences awarded to accused because the family dispute existed in the background of the occurrence; and the exact cause of the offence was shrouded in mystery; and it was not discernible from the record of the case---No ground was available for enhancement of the sentence awarded to accused. Yaqoob Shah v. The State PLD 1976 SC 53; Muhammad Hanif v. The State PLD 1993 SC 895; Ghulamullah and another v. The State 1996 SCMR 187; Abdur Rehman v. The State 1998 SCMR 1778; Wahid v. The State PLD 2002 SC 62; Saeedullah Khan v. The State 1986 SCMR 1027; Muhammad Khan and another v. The State 1999 SCMR 1220; Muhammad Ilyas and another v. The State 1993 SCMR 1602; Riaz Masih alias Mithoo v. The State 1995 SCMR 1730 and Hussain v. The State 2006 PCr.LJ 934 rel. JUDGMENT MUHAMMAD ALAM KHAN, J.---This is jail criminal appeal filed by the convict-appellant…

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