Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 324 & 302(b)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Modification in sentence--Quantum of sentence--Unseen occurrence--Sentence reduced--Cause of death was not known--Appellant cannot be convicted u/S. 302(b), PPC, particularly when deceased was discharged from the hospital within a period of one week from the date of occurrence upon improvement in his condition and there is nothing on record to suggest that in discharging the injured/deceased, there was any malice attributable to concerned doctor--Prosecution has proved its case u/S. 324, PPC--Conviction awarded to appellant u/S. 302, PPC was converted into S. 324 and was maintained--Quantum of sentence was concerned, since he did not repeat churri blow, sentence reduced--Appeal disposed of. THIS ORDER PASSED BY: PERVAIZ INAYAT MALIK, JUSITCE---.--- The appellant was tried by learned Additional Sessions Judge, Multan in case FIR No. 230/2006 dated 15.6.2006 under Sections 302/34 PPC at Police Station Saddar Mailsi and vide impugned judgment dated 30.11.2007, was convicted under Section 302(b) PPC and sentenced to life imprisonment, with a fine of Rs. 100000/- and in case of default, the same was to be recovered as arrear of land revenue. He was also given the benefit of Section 382-BCr.P.C. 2. It is inter alia contended that the prosecution hopelessly failed to prove its case beyond any shadow of doubt, therefore, the appellant cannot be convicted for any offence; that no time of occurrence is mentioned in the FIR; that it is an unseen occurrence; that the appellant has been involved in this case with ulterior motive; that the alleged Churri which was recovered from the petitioner was not blood stained; that medical evidence does not support the ocular account, in the first information report the alleged PWs say that the accused inflicted three Churri blows whereas in the medical evidence there is only one injury of sharp edged weapon, which makes the presence of prosecution witnesses highly improbable; that the deceased was initially injured and taken to hospital and criminal case was registered under Section…

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