Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-e-amd---.---Appreciation of evidence---.---F.I.R. which was recorded after 1-1/2 hours of the occurrence, could not be said to be delayed one---.---Eye-witnesses though were not residents of the place where the occurrence took place, but both of them had given reasons for their presence at the place ofoccurrence; and circumstances of the case had suggested that reasons given by them were plausible---.---Presence of eye-witnesses at the place of occurrence, was proved, in circumstances---.---Testimony of the eye-witnesses was supported by the medical evidence---.---Both the witnesses unanimously stated that accused made three fires at the deceased---.---No enmity whatsoever had been suggested to the eye-witnesses as to why they were deposing falsely against accused---.---Substitution ofaccused in such like cases was a rare phenomenon---.---Motive had not been challenged during the cross-examination on the prosecution witnesses---.---Prosecution witness in his cross-examination had stated that accused threw the pistol at the spot and the Police took the same into possession from the place of occurrence; in such circumstances recovery of the weapon of offence became doubtful and no reliance could be placed on the report of the Forensic Science Laboratory---.---Sufficient incriminating evidence was available on the record to connect accused with the commission of offence as both the eye-witnesses were consistent on the point that it was the accused who fired three shots at the deceased and their testimony found support from the medical evidence available on record---.---Convictionof accused under S.302(b), P.P.C. was maintained, in circumstances---.---Case of prosecution was that accused and deceased were fast friends and accused had no previous enmity---.---No premeditation existed on the part of accused to commit murder of the deceased---.---Case was of sudden fight as according to the motive set out in the F.I.R. the deceased owed certain amount to accused and accused committed the murder after an altercation in a heat of passion---.---Punishment of death, in circumstances was not…

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