Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Both accused and deceased were real brothers while one prosecution witness was their mother---Statements of prosecution witnesses with regard to accused leaving the scene of occurrence, armed with Kalashnikov, could not be made doubtful---Accused, in his confessional statement, had pleaded that on account of dispute of property between him and his deceased brother, deceased threatened him that he would not spare him alive, whereupon he picked the Kalashnikov and intended to make aerial firing to attract people of the village who would make settlement between them; that meanwhile accidentally said Kalashnikov went off and the bullet hit the deceased---Confessional statement of accused did not explain the circumstances in which Kalashnikov went off accidentally and bullet fired by the same hit the deceased---Accused who, as per his plea, had no intention to murder his brother, was expected to make efforts to save his life but he left his brother at the scene of occurrence and went to his house---Such conduct of accused was found to be not consistent with his plea---Conduct of accused soon after the incident adversely reflected on his intention which negated his plea about accidental firing of Kalashnikov---Deceased was neither stated to be armed nor the circumstances reflected that there was any immediate threat to the life of accused to justify his act of firing with Kalashnikov---Mother of accused had also not supported plea of accused and had further involved accused in the intentional murder of her other son/deceased and her such plea could not be taken lightly---No room was available to doubt that accused had intentionally committed murder of his brother, however, there was no evidence to attract provisions of S.302(a), P.P.C.---Accused, in circumstance, was found to have committed offence under S.302(b), P.P.C.---Record did not reflect any mitigating circumstances entitling accused for lesser punishment---Death sentence awarded to accused was upheld and Murder Reference was answered in affirmative. PLD 1983 SC(AJ&K) 199; 1994 PCr.LJ 490; PLD 1999 Kar. 151; 2004 SCMR 1808; 1989 SCMR…

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