Law: Pakistan Penal Code, 1860

Section: 302(b),337A(ii)

(a) Penal Code (XLV of 1860)---Ss. 302(b) & 337-A(ii)---Appraisal of evidence---Accused was nominated in the promptly lodged F.I.R. for the occurrence having taken place at 1-00 a.m. in the night---Ocular account furnished by complainant and eye-witnesses was fully corroborated by medical evidence---Prosecution evidence had remained unshattered despite lengthy cross-examination on witnesses---Complete lack of motive or failure of prosecution to prove the same, would not affect the imposition of normal penalty of death in murder case, if the prosecution case against accused stood proved beyond reasonable doubt---Impugned being free from any illegality or infirmity, did not warrant interference by Supreme Court---Appeal was dismissed accordingly. Nawaz Ali and another v. The State 2001 SCMR 726 and Ahmad Nisar v. The State 1977 SCMR 175 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Absence of motive---Effect---Absence of motive or failure on the part of prosecution to prove the same, does not adversely affect the testimony of the eye-witnesses, if they are otherwise reliable. Nawaz Ali and another v. The State 2001 SCMR 726 and Ahmad Nisar v. The State 1977 SCMR 175 ref. JUDGMENT ABDUL HAMEED DOGAR, C.J.--- This appeal with leave of this Court is directed against judgment dated 23-2-2006 passed by learned Division Bench of Lahore High Court, whereby Criminal Appeal No.367 of 2002 filed by appellant was dismissed whereas Murder Reference No.88 of 2002 was answered in affirmative. 2. Briefly stated the facts of the case are that on 8-8-2002 Abdul Razzaq, complainant lodged F.I. R. No.116 of 2002 at Police Station Takht Mehal alleging that at about 1-00 a.m. while he and Ghulam Haider were sleeping in the Dera of Khawaja Noor Ahmad whereas his brother Mushtaq was sleeping in the Astabal of Pir Hassan Mehmood. On the sound of alarms, he accompanied by Ghulam Haider, Pir Muhammad Yar and Masood Imran reached at the spot and saw in the light of bulb that appellant Nazir Ahmed was beating his brother Mushtaq Ahmed with Danda on the pretext to teach him a lesson for insulting him. It was further alleged by complainant that when they…

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