Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)     S. 302 Appreciation of evidence Sentence, reduction of Accused was nominated in promptly lodged F. I. R. Parties were closely related inter se and there was no reason for false implication of accused or substitution by letting off real culprit Prosecution witnesses who were eye witnesses were natural witnesses Ocular account had been fully corroborated by medical evidence and recovery of weapon of offence Prosecution case having fully been proved against accused, conviction recorded against him by Trial Court could not be interfered with Both accused and deceased exchanged abuses and grappled with each other at spot at the time of occurrence and it was not known as to what transpired between them immediately prior to occurrence Accused caused only one fire shot at the deceased and although he was armed with mauser and deceased was at his mercy being empty handed like other witnesses, but he did not repeat the fire Such extenuating circumstances made the case a fit one where sentence of death was to be reduced to imprisonment for life for safe administration of justice Maintaining conviction of accused, sentence was reduced accordingly.    Nemo for Appellant.    Arif Ali Hazoor for A. G. for the State.    Date of hearing: 3rd July, 2001. JUDGMENT BASHIR A. MUJAHID, J.Liaqat Ali alias Pappi son of Mehrban Ali, appellant was tried by the learned Sessions Judge, Sheikhupura under section 302, P.P.C. in case F.I.R. No.317 of 1994 registered at Police Station Muridkey, for commission of murder of Imtiaz alias Mithu and was convicted vide the impugned judgment, dated 22 7 1996 under section 302, P.P.C. and sentenced to death and was also imposed fine of Rs.10,000, in default thereof sentenced to R.I. for three years. He was further ordered to pay compensation of Rs.10,000 under section 544 A, Cr.P.C. to be paid to the legal heirs of the deceased. Necessary facts of the prosecution case are that F.I.R. No.317 of 1994 Exh.P.C./1 was registered on the statement Exh.P.C. of Waris Ali son of Ashiq Ali, P.W.4 recorded by Muhammad Iqbal, S. I. P.W.12 on 28 8 1994 at 4 00 p.m. at Adda Rayanpura, stating…

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