Law:

Section:

Penal Code (XLV of 1860)--- ---S.302(b)---Qanun-e-Shahadat (10 of 1984), Art.121---Appreciation of evidence---Broad-daylight occurrence---Delay in lodging F.I-.R. fully explained---Motive alleged against occurrence was that son of deceased had illicit liaison with daughter of accused and accused had grudge over the same---Illicit relation, if any, was between son of deceased and the daughter of accused and deceased had no concern with the motive---Was not believable that father would join hands with his son in such like matter---Ocular account was fully supported by the medical evidence---Version of accused was that he was innocent, but when his version and versions of eye-witnesses were put in juxta position, version of prosecution seemed to be more plausible and convincing one---Onus would lie on accused in taking the special plea to discharge the same under Art. 121 of Qanun-e-Shahadat, Order, 1984---Accused had failed to substantiate his version either before the Police or before the Trial Court---Accused even had failed to produce his wife and daughter before the Trial Court to support his version---Another version of accused was that there was cross-firing between the parties and deceased received a fire shot, but that version got no support from any source whatsoever---Accused, who remained absconded for about one year, was declared proclaimed offender---Said abscondence of accused for such a long period, also gave corroboration to the eye-witness account---Mere insufficiency of motive, was no ground for mitigation---Prosecution having proved its case against accused beyond any shadow of doubt, his appeal against his conviction and sentence, was dismissed and in absence Of any mitigating circumstances death sentence awarded to him by the Trial Court was confirmed---Co-accused having only been attributed Lakara was rightly acquitted by the Trial Court. 1999 SCMR 1668 ref. THIS JUDGMENT DELIVERED BY: KHAWAJA MUHAMMAD SHARIF, J.--- This judgment will dispose of Criminal Appeal No.1366 of 1999 filed by Naseer Ahmad alias Naseera, appellant, who was convicted and sentenced by learned Additional Sessions Judge, T.T. Singh vide his judgment, dated 22-12-1999 to…

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