Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Constitution of Pakistan, 1973, Art. 185(3)--Leave to appeal--Conviction and sentence--Challenge to--Appreciation of evidence--Ocular evidence--Validity--No inherent defect or material lacuna in evidence of witnesses--Corroborative medico legal opinion and recovery of crime weapons--Mitigating circumstances--No illegality, misreading or non-appreciation was found in evidence--Mere relationship of the witnesses with the deceased per se would not render them interested or partisan witnesses--Prosecution having proved the guilt of the petitioner by strong motive, ocular reliable testimony coupled with corroborative medico legal opinion and recovery of crime weapons. [P. 899] A Reduction of sentence-- ----Injury--Attributed--Extenuating circumstances to reduce the sentence was that though one shot each was attributed to the accused but which of the shot was fatal, was not ascertainable from the medical evidence. [P. 899] C Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Criminal Procedure Code (V of 1898), S. 382--Appreciation of evidence--Identical evidence--Benefit of doubt--Conflict between ocular and medical evidence--Co-accused acquitted--Validity--Fire-arm injuries attributed to the acquitted accused was not established on record from medical evidence--Held: Trial Court neither acted illegally nor arbitrarily in extending benefit of doubt to the acquitted accused. [P. 899] B Judgment Abdul Hameed Dogar, J.--Petitioners seek leave to appeal against the judgment dated 5.4.2006 passed by a learned Division Bench of the Lahore High Court, Lahore, whereby Criminal Appeal No. 1072 of 2000 filed by them was partly allowed. The conviction under Section 302(b) PPC was maintained whereas the sentence of death was converted into imprisonment for life each. However, the amount of Rs. 50,000/- as compensation under Section 544 Cr.P.C. was enhanced to Rs. 1,00,000/- each or in default to undergo S.I for six months each. The sentence of fine of Rs. 20,000/- imposed by the trial Court was set aside. However, the benefit of Section 382 Cr.P.C. was given to them. 2. Briefly, stated the facts of the case are that…

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