Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Delay of three hours and fifteen minutes, which otherwise was properly explained, was not fatal to the prosecution case and it depended on the circumstances of each case---Eye-witnesses had stated in their testimony that the motive of the incident was over playing of tape recorder by accused on high speed which was objected to by the deceased which annoyed them and committed the offence---Even if motive was not proved, conviction could be recorded on capital charge, provided that the case was proved by prosecution---Motiveless cases would not go unpunished---Where there was ocular evidence, the motive would become of no vital importance---Generally, the sufficiency or otherwise of motive was not sine qua non for commission of offence---In the present case reliable ocular testimony was on the record which was sufficient to prove the guilt of accused and motive need not be proved---Report of Forensic Science Laboratory provided that the empties were fired from two different .7.62 MM bore rifles which was sufficient and fully corroborated the ocular evidence---Counsel for accused had objected that articles were sent to Chemical Examiner with sufficient delay which had made the report doubtful---Objection was repelled because the opinion of Examiner could not be treated as fatal in the absence of objection regarding the same having been tampered with or manipulated---Forensic Science Laboratory's report clearly indicated the use of two different weapons---Delay in sending the articles to the Laboratory was also not damaging to the prosecution case---Non-mentioning of bath room, in the F.I.R. was not fatal to the prosecution case, because otherwise the place of occurrence i.e. roof of the room had been mentioned in the F.I.R. as well as in the statement of eye-witnesses---Complainant who had given ocular evidence, though was brother of the deceased, but nothing had been brought out from him to establish any mala fide on his part or to show that he was interested in the conviction of accused---Ocular testimony furnished by the complainant was not impeached even in lengthy…

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