Law: Penal Code (XLV of 1860)

Section: 302/324/34

Penal Code (XLV of 1860) Ss. 302/324/34 Appreciation of evidence Eye witnesses of occurrence had fully established that it was the accused who had fired and killed the deceased and they had also proved existence of motive of occurrence Medical evidence had fully corroborated ocular account ¬Charge against accused under S.302, P.P.C. having fully been established, he was rightly convicted and sentenced under said section ¬Charge against accused under S.324, P.P.C. had not been proved beyond reasonable doubt and he was acquitted of the charge but charge under S.302, P.P.C. having fully been proved against him, conviction and sentence of death awarded to him by Trial Court was upheld Co¬accused had only been attributed raising Lalkara and even according to prosecution story co accused was empty handed at the time of occurrence No accusation was on record against the accused to the effect that he had caused any injury to the deceased or to any prosecution witness If the co accused had common intention with accused, he could have tried to cause injury to deceased or to any of prosecution witnesses but there was no allegation against him to that effect Co accused was also not alleged that he had grappled with any of prosecution witnesses or the deceased Sufficient evidence did not exist on record to connect co accused with offence Co accused was acquitted of all charges extending him benefit of doubt. C.M. Sarwar for Appellant. S. D. Qureshi for the State. Date of hearing: 4th April, 2002. JUDGMENT RUSTAM ALI MALIK, J. Through this judgment we intend to dispose of Murder Reference No.325 of 1997, Criminal Appeal No.612 of 1997 and Criminal Appeal No.560 of 1997. 2. The brief facts are that Farrakh Shahzad alias Pappi and Ghulam Dastgir accused were challaned by Police Station Thikriwala, District Faisalabad in case F.I.R. No.245 of 1995, dated 1 7 1995 under sections 302/324/34, P. P. C. The report Exh.P.E. was lodged by one Lal Din son of Raheem Bakhsh complainant. The formal F.I.R. Exh. P./1 was registered on the basis of statement of Exh.P.E. of Lal Din complainant who had stated therein that he is a resident of Chak No.73 GB. On the day of occurrence (i.e. on 1 7…

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