Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---   ----S. 302(b)---Appreciation of evidence---Case as set up in the original report had been duly proved through complainant as also other eye¬witness---Medico-legal Report was in complete accord with the ocular evidence---Delay in lodging F.I.R. had fully been explained---Delayed arrest of accused and consequent recovery of hatchet, would not matter at all as name and particulars of accused were very much present in first report and manner in which occurrence had taken place had also been stated---Prosecution evidence was consistent---Trial Court in circumstances had rightly concluded that offence as alleged, had been committed by accused and it had been so proved by prosecution---Motive of occurrence having remained shrouded in mystery, Trial Court had rightly awarded lesser punishment to accused.    Ch. Naseer Ahmad Tahir for Appellant.   Ajmal Kamal Mirza for the Complainant.   Imran Ahmad Khan for the State.   Date of hearing: 18th November, 2002. JUDGMENT This judgment shall decide Criminal Appeal No.298 of 2000 and Criminal Revision No. III of 2000 as both these proceedings arise out of common judgment of a learned Additional Sessions Judge, Jhelum. 2. Ghulam Hussain, appellant was accused of commission of offence under section 302, P.P.C. vide case F.I.R. No.151 dated 4-8-1999 at Police Station PindDadan Khan, District Jhelum. According to the contents of the F.I.R. Exh.P.D. Haji Fazal Elahi laid information at the said police station at 12-55 p.m. that he and his brother Qurban Hussain and Manzoor Ellahi are residents of Katchi Basti. DhamrayaKheora and all the three brothers are labourers. Qurban Hussain often remains ill and occasionally goes for labour. On that day at 8-30 a.m. he, Manzoor Ellahi and Qurban Hussain came to settle said date of marriage of the daughter of Muhammad. Bashir, Qurban Hussain went to the house of his daughter and thereafter he was coming alongwith his grandson to the house of Muhammad Bashir when Ghulam Hussain (the appellant) who lives in front of the house of the daughter of Qurban Hussain was coming out of his house. Ghulam Hussain was armed with a hatchet who…

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