Law:

Section:

AJ&K Penal Code-- ----Ss. 302(b), 324 & 337--Conviction & sentence of death--Challenge to--Appreciation of evidence--Broad day light occurrence--Motive--Proved--Complainant and his son placed his cabin in the land of convict which provoked him--Convict tried to stop them from coming close to him and fired at the non-vital part of their bodies--Conviction maintained however death sentence was altered. [Pp. 66 & 67] A, C, D & E AJ&K Arms Act, 1965-- ----S. 13/20/65--Conviction & sentence--Convict was not charged at the time of submission of challan--No evidence was brought on record regarding unlicenced weapon--Conviction set aside. Judgment The above titled appeals and reference arise out of the order of the District Court of Criminal Jurisdiction, Sudhnooti (Pallandari) dated 20-12-2004, whereby Muhammad Akram was convicted and awarded death sentence under Section 302(B), A.P.C, Rs. 80,000/- fine under Sections 324/337, A.P.C and Rs. 1000/- fine under Section 13/20/65, A.A. Muhammad Akram convict has filed the appeal challenging his conviction and sentence while the complainant and heirs of the deceased have also filed appeal for enhancement of the sentence. There is also a reference for confirmation of the death sentence. 2. Brief facts leading to the background of the appeals and reference are that a case under Sections 324/337, A.P.C was registered against the convict appellant at Police Station, Trarkhal on the complaint of Hassan Muhammad. It was reported that the complainant constructed a basement in Tangigala bazaar and placed a moveable cabin at its roof. On 07-09-2004 at about 3.00 p.m. he removed the cabin from there and kept it on water drain near mosque to raise construction of first floor on the basement. In the meantime, Muhammad Akram s/o Fazal Hussain armed with .30 bore pistol came there and attacked the complainant and his son. He fired three shots. One out of them hit the left thigh of the complainant while the other one hit Muhammad Is'haq at the joint of his left thigh. The occurrence was stated to be witnessed by Muhammad Javed, Ameer Muhammad and others present in the bazaar. Motive behind the occurrence was…

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