Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Sentence, reduction in---F.I.R. was promptly lodged---False implication or misidentification of accused was not possible because of daylight occurrence---Complainant and other eye-witness being residents of the same house were natural witnesses of the occurrence, whose presence at the scene of incident was well explained---Relationship of eye-witnesses with the deceased by itself was not enough to discard their testimony in the absence of any previous enmity between the parties---Medical evidence was in line with the ocular account of occurrence---Recovery of blood-stained "Chhuri" at the instance of accused from his house was fully proved, which was found to be stained with human blood---Prosecution case having been proved through credible and convincing evidence, conviction of accused was maintained---All co-accused of accused had been acquitted by Trial Court on the basis of compromise with the legal heirs of the deceased and the injured prosecution witness---Occurrence had taken place all of a sudden in which accused had inflicted a solitary blow to the deceased and did not repeat the same---Accused had not come armed, at the place of occurrence, which had excluded the possibility of pre-planning and also his intention to commit the murder of the deceased---Motive behind the murder was neither directly attributed to accused nor proved at the trial---Death sentence of accused was converted into imprisonment for life in view of the said extenuating circumstances. JUDGMENT TARIQ SHAMIM, J.--- Muhammad Yousaf, appellant, along with others involved in case bearing F.I.R. No.108 of 1998, dated 14-4-1998, registered at Police Station Moutra, Sialkot, for offences under sections 302/34 and 337-A(ii), P.P.C., were tried by the learned Additional Sessions Judge, Sialkot, who, vide his judgment dated 26-2-2003, convicted the appellant under section 302(b), P.P.C. and sentenced him to death with a direction to pay a sum of Rs.2,00,000 to the legal heirs of Hazoor Hussain deceased under section 544-A, Cr.P.C. and in default to undergo rigorous imprisonment for six months. 2. Briefly, the facts of the…

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