Law: Penal Code (XLV of 1860)

Section: 302(b),404

Penal Code (XLV of 1860)---.--- ---.---Ss. 302(b) & 404---.---Qatl-e-amd, dishonest misappropriation of property of deceased---.---Appreciation of evidence---.---Complainant and other eye-witnesses were unanimous on material points---.---Prosecution evidence had no noticeable contradictions---.---Ocular version was supported by medical evidence---.---Contention that accused at the time of occurrence had acted in self-defence had no force, as such plea had not been substantiated on record---.---Accused although had been arrested in an injured condition, yet he did not explain his injury in his statement recorded under section 342, Cr.P.C. despite having been specifically questioned in this behalf---.---Prosecution evidence was natural, trustworthy and confidence ¬inspiring---.---Conviction and sentence of accused were maintained in circumstances. THIS JUDGMENT DELIVERED BY: IMAM BUX BALOCH, JUSTICE:---.--- Through this appeal, the appellants have assailed the impugned judgment dated 30-4-2009, passed by the learned 4th Additional Sessions Judge, Shikarpur, whereby convicting appellants Rahim Bux and Manzoor under section 302(b), P.P.C. and sentenced them to suffer R.I. for life and fine of Rs. 50,000 each to be paid to the legal heirs of deceased Ghulam Qadir and in default of payment of fine both the appellants shall suffer R.I. for six months more. The appellant Rahim Bux was also convicted under section 404, P.P.C. and sentenced to suffer R.I. for three years. The benefit of section 382-B, Cr.P.C. was also extended to the appellants. The prosecution case according to F.I.R. is that on 25-12-2003, complainant Haji along with his uncle Ghulam Qadir and co-villagers Rasool Bux and Ghulam Bashir were going by foot through link road to Garhi Yasin. His uncle Ghulam Qadir has a licensed pistol. When at about 1130 houRs. they reached near village Juma Jatoi; from both sides of link road Manzoor Ahmed, Shahzado, Rahim Bux armed with guns, Jaro and Manthar having lathis all by caste Mohil emerged at the road and on the instigation of co-accused Jaro, who stated that as Ghulam Qadir is not withdrawing from the claim of land he would be killed. On such instigation…

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