Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 302(c)---Appreciation of evidence---Motive for the occurrence was not proved by the prosecution---Failure of the prosecution in its version had brought the defence version forward to rescue the accused--­Statement of accused recorded under 5:342, Cr.P.C. inspired confidence and helped in determining his role in the crime---No background of previous enmity existed inter se the parties---Murder was not a cold-blooded and premeditated one and the case had a streak of family honour (Ghairat) which was even believed by the Trial Court---Conviction of accused under S.302(b), P.P.C. was altered to S.302(c), P.P.C. and his sentence of imprisonment for life was reduced to ten years' R.I. with fine in circumstances. Ghulam Qadir v. Esab Khan and others 1991 SCMR 61; Shabbir Ahmad v. The State PLD 1995 SC 343; Ali Sher v. The State 1999 PCr.LJ 682; Ghulam Yasin and 2 others v. The State PLD 1994 Lah. 392; Muhammad Ishaq v. The State 1998 PCr.LJ 1110; Ghulam Farid v. The State 1997 PCr. LJ 1411; Akbar v. The State 1997 PCr. LJ 1887 and Muhammad Ayub v. The State 1997 PCr.LJ 2056 ref. (b) Penal Code (XLV of 1860)-------S. 302---Appreciation of evidence---Principle---Where the prosecution fails in its version, the defence story prominently comes to the rescue of accused and when his statement under S.342, Cr.P.C. is inspiring confidence and helps in determining his role in the crime, his statement has to be taken as a whole. Ghulam Qadir v. Esab Khan and others 1991 SCMR 61 amd Shabbir Ahmad v. The State PLD 1995 SC 343 ref. JUDGMENT ALI NAWAZ CHOWHAN, J.---This is an appeal against the judgment dated 15-5-2000 handed down by Ch. Mazhar Hussain Minhas, learned Sessions Judge, Attock, in Sessions Case No.88 of 1999 and Sessions Trial No.26 of 2000 whereby he' convicted the appellant Bakhshish Ilahi under section 302(b), P.P.C. and sentenced him to life imprisonment and also to a fine of Rs.50,000 and in lieu thereof, to suffer further one year's R.I, The benefit of section 382-B, Cr.P.C. was also extended to him, The fine; if recovered, was to be paid in half as compensation to the legal heirs of the deceased under section…

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