Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 337-A(ii) & 337-F(ii)--Conviction and sentence recorded against appellant by trial Court--Challenge to--Mitigating circumstances--No previous background enmity between parties--Appellant committed murder of deceased without premeditation and pre-consultation--Occurrence had taken place at the spur of moment and no undue advantage was taken by the appellant and churri blow was not repeated by appellant--It was a case u/S. 302(b) PPC of which two sentences have been provided--This is a case in which death sentence is not called for the above mitigating circumstances--Conviction maintained u/S. 302(b) PPC but converted to life imprisonment--Conviction and sentence u/S. 324, 337-A(ii), 337-F(ii) recorded against appellant by trial Court were maintained--Sentences were ordered to run concurrently--Period which appellant had already undergone is sufficient to meet the ends of justice--Death sentence was not confirmed--Order accordingly. THIS JUDGMENT DELIVERED BY: KH. MUHAMMAD SHARIF, CHIEF JUSTICE:---.----- This judgment will dispose of Cr. A. No. 204 of 2005 filed by Ali Aksar and Muhammad Akram appellants, who were convicted and sentenced by learned Addl. Sessions Judge, Attock vide impugned judgment dated 31.5.2005 as under:-- Ali Aksar. Death under Section 302(b) PPC and to pay Rs.50,000/- as compensation to the legal heirs of the deceased or in default six months SI. Under Section 324 PPC. Five years RI and to pay a fine of Rs.25,000/- or in default thereof three months RI. Under Section 337-A (ii) PPC. One year RI with Arsh. Under Section 337-F (ii) PPC. One year RI and Daman amounting to Rs.30,000/-. However, all the sentences were ordered to run concurrently with the benefit of Section 382-B Cr.P.C. Muhammad Akram Under Section 337-F (ii) PPC, one year RI and to pay Daman of Rs. 30,000/- with the benefit of Section 382-B Cr.P.C. Murder Reference No. 708 of 2005 for confirmation or otherwise of death sentence of Ali Aksar appellant, Cr. A. No. 212 of 2005 for acquittal of Muhammad Aslam, Muhammad Akram and Tabraiz Khan respondents and Cri. Revision No. 108 of 2005 filed by complainant against…

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