2023 SCMR 487
Minor discrepancies and contradictions in the statements of the eye - witnesses --- Not significant - On account of lapse of memory owing to the intervening period , some minor discrepancies are inevitable and they may occur naturally --- Accused cannot claim benefit of such minor discrepancies .
2023 SCMR 487
Prosecution witnesses related to the deceased --- Mere relationship of the prosecution witnesses with the deceased cannot be a ground to discard the testimony of such witnesses .
2023 SCMR 487
Reappraisal of evidence --- Conviction under section 302 ( b ) , P.P.C. converted into one under section 302 ( c ) , P.P.C .--- Sentence , reduction in -- Spur of the moment occurrence without any repetition of knife blows --- Occurrence took place at the spur of the moment and there was no pre - meditation on the part of the accused persons --- Admittedly , the occurrence took place in the house of the accused persons where the complainant party had brought a jirga for return of niece of the complainant , who was married . with one of the accused against the will of her parents --- Perusal of the record revealed that something happened immediately before the occurrence , which provoked the accused persons and they caused churri ( knife ) blows on the person of the deceased --- Admittedly , both the accused persons did not repeat their act --- Furthermore there was no deep rooted enmity between the parties --- Taking a lenient view , the Supreme Court altered the conviction of accused persons from section 302 ( b ) . P.P.C. to section 302 ( c ) , P.P.C. and reduced their sentence of imprisonment for life to fourteen years rigorous imprisonment each --
2023 SCMR 487
Ss . 302 ( b ) & 302 ( c ) Qati - i - amd- Reappraisal of evidence --- Incident took place at 9:00 p.m. whereas the matter was reported to the police on the same night at 01:20 a.m. while the inter se distance between the place of occurrence and the Police Station was 25 kilometers -- Such aspect of the case clearly reflected that the matter was reported to Police promptly without there being any delay - As the parties were related to each other , therefore , there was no chance of misidentification Prosecution witnesses were subjected to lengthy cross - examination by the defence but nothing favourable to the accused persons or adverse to the prosecution could be produced on record - Said witnesses remained consistent on each and every material point , therefore , it could safely be concluded that the ocular account furnished by the prosecution was reliable , straightforward and confidence inspiring -- Medical evidence available on the record was in line with the ocular account so far as the nature , locale , time and impact of the injuries on the person of the deceased was concerned --- Counsel for the accused persons could not point out any reason as to why the complainant would falsely involve the accused persons in the present case and let off the real culprit --- Substitution in such like cases was a rare phenomenon --- Since the occurrence took place at the spur of the moment , conviction accused persons under section 302 ( b ) , P.P.C. was converted into one under section 302 ( c ) , P.P.C .--- Petition for leave to appeal was converted into appeal and partly allowed .
2023 SCMR 487
Ss . 302 ( b ) & 302 ( c ) Qati - i - amd- Reappraisal of evidence --- Incident took place at 9:00 p.m. whereas the matter was reported to the police on the same night at 01:20 a.m. while the inter se distance between the place of occurrence and the Police Station was 25 kilometers -- Such aspect of the case clearly reflected that the matter was reported to Police promptly without there being any delay - As the parties were related to each other , therefore , there was no chance of misidentification Prosecution witnesses were subjected to lengthy cross - examination by the defence but nothing favourable to the accused persons or adverse to the prosecution could be produced on record - Said witnesses remained consistent on each and every material point , therefore , it could safely be concluded that the ocular account furnished by the prosecution was reliable , straightforward and confidence inspiring -- Medical evidence available on the record was in line with the ocular account so far as the nature , locale , time and impact of the injuries on the person of the deceased was concerned --- Counsel for the accused persons could not point out any reason as to why the complainant would falsely involve the accused persons in the present case and let off the real culprit --- Substitution in such like cases was a rare phenomenon --- Since the occurrence took place at the spur of the moment , conviction accused persons under section 302 ( b ) , P.P.C. was converted into one under section 302 ( c ) , P.P.C .--- Petition for leave to appeal was converted into appeal and partly allowed .
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