Law: Pakistan Penal Code, 1860

Section: 302(b),302(c)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Case had two versions---None of the parties had disclosed the truth---Accused had fired twice but on the legs of the deceased, which showed that he had no intention to kill the deceased---Ocular testimony was consistent with medical evidence and corroborated by the recovery of gun from the accused, which was found wedded by the Forensic Science Laboratory with the crime empties recovered from the spot---Accused had also suffered sixteen injuries during the incident, which was a sudden fight---Three co-accused had already been acquitted by Trial Court on the basis of same ocular evidence---Section 302(b), P.P.C. was not attracted in the case---Conviction and sentence of accused under S.302(b), P.P.C. were set aside and instead he was convicted under S.302(c), P.P.C. and sentenced to undergo ten years' R.I. in circumstances. Syed Ali Bepari v. Nibaran Mullah and others PLD 1962 SC 502; Malik Waris Khan and another v. Ishtiaq alias Naga and others PLD 1986 SC 335 and Muhammad Rafique v. The State 2008 YLR 1725 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ANWAR BHAUR, J.--- Shamoan alias Shamman son of Noor Muhammad, the appellant along with Abdul Qadeer son of Muhammad Hussain, Altaf son of Mullah and Dara son of Nazra were tried by the learned Additional Sessions Judge, Okara for the murder of Muhammad Ramzan son of Kamal Din, brother of Muhammad Hussain-complainant in case F.I.R. No.367, dated 3-8-1999, registered with Police Station Chuchak, District Okara for an offence under section 302/34, P.P..C. The learned trial Judge found the appellant guilty of the said charge, convicted him under section 302(b), P.P.C. and sentenced him to death with further direction to pay a sum of Rs.1,00,000 to the legal heirs of the deceased by way of compensation or in default of payment thereof to undergo simple imprisonment for six months. The said learned Judge by giving benefit of doubt to Abdul Qadeer, Altaf and Dara acquitted them of the charge. 2. The convict/appellant has approached this Court by filing Criminal Appeal No.286 of 2004 to call in question…

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