Law:

Section:

(a) Penal Code (XLV of 1860)--- ---Ss.302 & 304, Part II---Constitution of Pakistan (1973), Art. 185(3)--­Leave to appeal was granted by Supreme Court to examine whether conviction of accused was rightly converted by High Court from S.302, P.P.C. to 5.304, Part 11, P.P.C. (b) Penal Code (XLV of 1860)--- ----Ss. 304, Part II & 302---Appraisal of evidence---Unimpeachable testimony of the eye-witnesses including the complainant that the accused had fired from his pistol at the abdomen of the deceased was not only consistent inter se, but was also corroborated by medical evidence--­Accused had acted cruelly and furiously with the deadly weapon when the deceased was unarmed and the earlier incident had subsided---Said offence, therefore, would amount to culpable homicide amounting to murder punishable. Under 5.302, P.P.C. as the accused was knowing that his act was so dangerous and fatal that it was likely to cause death---High Court had erred in law and misread the evidence on record resulting in miscarriage of justice in converting the conviction of accused from S.302, P.P.C. to S.304, Part II, P.P.C. and reducing his sentence--­Impugned was consequently set aside and the conviction of accused under S. 302, P.P.C. and his sentence of imprisonment for life passed by the Sessions Court were restored in circumstances. Muhammad Nawaz v. The State 1998 SCMR 891 and Javed Ahmad alias Jaida v. The State and another 1978 SCMR 114 ref. JUDGMENT HAMID ALI MIRZA, J.---This criminal appeal with leave of this Court dated 10-11-1998 is directed against the judgment dated 14-5-1997 in Criminal Appeal No. 12 of 1996 passed by learned Judge in Chambers of the High Court of Sindh, Karachi, whereby conviction and sentence passed by learned VIth Additional Sessions Judge, Hyderabad vide judgment dated 6-12-1995 in Sessions Case No. 105 of 1991 (State v. Mukhtar Ahmad and another) convicting the respondents under the unamended provisions of section 302 read with 34, P.P.C, 1860 as same were in the field on the date of occurrence and sentencing each of the respondent to life imprisonment and fine .of Ids. Ten thousand, to the extent of respondent No.2 Umar Daraz was allowed…

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