Law: Penal Code (XLV of 1860)

Section: 302(b),302(c)

Penal Code (XLV of 1860) Ss. 302(b) 302(c) Appreciation of evidence Injury on head of deceased had been ascribed by prosecution to both accused, but according to observation of doctor, possibility could not be ruled out that injury could be result of one blow Injuries on person of deceased had not been explained Number of injuries which were in nature of abrasions, suggested that some scuffle in between the parties took place and during heat of passion injury was caused on head of deceased which resulted into his death Two witnesses had firmly supported prosecution and deposed on oath that both injuries had been caused by two accused simultaneously which landed on head of deceased Death of deceased was not result of any pre planned or premeditation, but appeared to be a sudden affair ¬No explanation was coming forth with regard to other injuries ¬Conviction of accused under S.302(b), P.P.C.; not appearing to be justified, same was altered to one under S.302(c); P.P.C. ¬Sentence of 15 years R.I. each to both accused would meet ends of justice, in circumstance and accused were awarded sentences accordingly. Mansoor ul Islam Khan Joya and Miss Iram Sajjad Gull for Appellant. Zafar Iqbal Chohan for the Complainant. Muhammad Ayub for the State. Date of hearing: 1st February, 2002. JUDGMENT The judgment, dated 30 3 2000 passed by Mr. Saghir Ahmad Qadri, learned Additional Sessions Judge, Faisalabad, has been assailed through the instant two matters. Criminal Appeal No.554 of 2000 has been filed by Shahbaz and Nasir accused convicts challenging their conviction and sentence. Criminal Revision No.302 of 2000 has been tiled by complainant seeking enhancement of sentence. The learned trial Judge on conclusion of the trial held both the appellants in Criminal Appeal No.554 of 2000 guilty under section 302(b)/34, P.P.C. and sentenced each of them to undergo imprisonment for life. They were further directed to pay Rs.25,000 each as compensation to the legal heirs of the deceased, failing which to further undergo R.I. for six months each. Benefit under section 382 B, Cr.P.C. was extended. Third co accused namely Muhammad Nawaz who had been alleged to have raised Lalkara, was…

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