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Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Eight injuries were caused with blunt weapon--Allegation of--Hatchet was used but there was not a single injury with sharp edged weapon on the person deceased--Hatchet was used from its wrong side--No injury with firearm--There was a big conflict between ocular account and medical evidence, which cannot be reconciled without a pinch of salt--Delay of 16 hours in lodging FIR--Eye-witnesses were not present at the spot at the time of occurrence--They were false witnesses and falsely involved the appellant--Occurrence took place in year 2001 and appellant was convicted in Year 2004 and appeal was filed in 2004--Appellant had unfortunately undergone eight years of sentence without any fault on his part--Prosecution had failed to prove its case against the appellant beyond any shadow of doubt--Appeal accepted and conviction and sentence set aside. THIS JUDGMENT DELIVERED BY: KH. MUHAMMAD SHARIF, CHIEF JUSTICE---.- -- This judgment will dispose of Cr. A. No. 101-J of 2004 filed by Muhammad Riaz, appellant, who was convicted and sentenced by learned Addl. Sessions Judge, Depalpur vide impugned judgment dated 12.03.2004 to undergo Imprisonment for life u/S. 302 (b), PPC with further direction to pay Rs.50,000/- as compensation to the legal heirs of the deceased or in default six months R.I with the benefit of Section 382 (b) Cr.P.C. 2. Brief facts of the case as narrated by complainant Allah Ditta son of Khushi Muhammad are that he alongwith his father Khushi Muhammad were employed with Rao Muhammad Aslam. On 17.8.2001 at 8/9.00 p.m. he alongwith his father Khushi Muhammad and PWs Allah Ditta son of Gulzar and Sharif were on their way to irrigate the maize crop. When they reached near chari crop owned by Muhammad Sharif at Mauza Jujj, accused Muhammad Sharif armed with pistol .30 bore and Riaz Ahmad having hatchet emerged from the crop. Muhammad Sharif raised lalkara that they would teach a lesson for abusing and slapping Shazia Bibi. Then Riaz Ahmad made a hatchet blow, which hit on left back side of head of Khushi Muhammad. His…

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