Law: Pakistan Penal Code, 1860

Section: 34,109,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 161,265-H,340(2),342

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---Sentence, reduction in---Prosecution witnesses were consistent in their depositions regarding the shots fired by accused and absconding accused upon the deceased and in cross-examination their depositions had gone unchallenged---Defence in cross-examination had failed to challenge the incidence and the allegations against accused persons---No doubt the prosecution witnesses were related to each other and the deceased persons, but in absence of allegations of any ill-will against them their depositions could not be discarded only on account of relationship--Prosecution witnesses were fully corroborated by other four prosecution witnesses and no ill-will had been established against said witnesses and nothing had been said in defence against them---Ocular evidence was fully corroborated by medical evidence---Recovery of gun on the pointation of accused stood proved---From the report of the Ballistic Expert it was confirmed that the empties recovered from the place of incident, were fired from the gun recovered on the pointation of accused---Statement of one of the prosecution wit nesses under S.161, Cr.P.C. though was recorded after one week of incident, but in absence of allegation of ulterior motives, mere delay in recording the statement, was not sufficient to discard the evidence of said witness---Crimeweapon and crime empties though were sent to experts after considerable delay, but counsel for accused had failed to point out any question put to the Investigating Officer in that regard---Report had not been challenged in cross-examination of the Investigating Officer and no contradiction had been found in the deposition of the witnesses---Evidence of the prosecution witnesses inspired confidence and not shattered in cross-examination---Prose cution had fully proved the case against accused and no exception could be taken in that regard---However keeping in view that accused was in jail for the last about 10 years, while maintaining the conviction of accused, his sentence of death was altered to life imprisonment which would meet the ends of justice. Syed Saeed Muhammad Shah v. State…

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