Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-e-amd---.---Appreciation of evidence-Motive was almost admitted by accused in his statement recorded under S. 342, Cr.P.C.---.---Detailed motive was not given in the F.I.R., but the same had been introduced before the Trial Court without any contradiction---.---Weak or insufficient motive was not a mitigating circumstance for award of lesser punishment---.---Co-accused of abetment having been found innocent by police, accused could not be said to have acted under the influence of said co-accused---.---Ocular testimony was fully corroborated by medical evidence---.---Eye-witnesses had corroborated each other on all material points---.---Relationship of deceased with eye-witnesses could not discard their confidence-inspiring testimony---.---Substitution was a rare phenomenon in a case of single accused---.---Occurrence having taken place in broad-daylight between related parties, mistaken identity of accused was out of question---.---Long abscondence of accused for six and a' half years had further corroborated the prosecution version---.---No extenuating circumstance was available on record for awarding lesser sentence to accused---.---Conviction and sentence of death of accused were affirmed in circumstances. THIS JUDGMENT DELIVERED BY: KHAWAJA MUHAMMAD SHARIF, CHIEF JUSTICE---.--- This judgment will dispose of Criminal Appeal No. 208 of 2004 filed by Mazhar Hussain, appellant, who was convicted by learned Sessions Judge, Islamabad vide his judgment dated 21-4-2004 under section 302(b), P.P.C. and sentenced to death and to pay Rs. 300,000 as compensation, to be paid to the legal heirs of the deceased and in default thereof six months' S.I. Murder Reference No. 763 of 2004 for confirmation or otherwise of death sentence of Mazhar Hussain appellant and Criminal Revision No. 96 of 2004 filed by the complainant shall also be disposed of through this single judgment. 2. Brief facts of the case as disclosed by Manzoor Hussain complainant in the complaint Exh. PC are that he is resident of Nai Abadi Dhok Haider Ali Dakhli Sehala Islamabad and is tailor by profession. On the fateful day, he was present in the…

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