Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-e-amd---.---Appreciation of evidence---.---Sentence, reduction in---.---Accused though had admitted commission of offence, but had taken plea of self-defence---.---Two co-accused who were real brothers of accused and to whom injuries were attributed, were acquitted by the Trial Court---.---Trial Court had disbelieved the prosecution story---.---When prosecution story was disbelieved, the court had to rely upon the statement of accused in totality---.---Deceased was not a masoom-ud-dam and had criminal record to his credit---.---Accused was arrested 26 days after the occurrence and his sentence was suspended by High Court---.---Accused faced the agony of the trial and also pendency of appeal before High Court---.---When the occurrence had taken place in the shop of accused, case of accused was covered by S.302(c), P.P.C. and not S.302(b), P.P.C.---.---Conviction and sentence which accused had already undergone, would be sufficient to meet the ends of JUSTICE:---.---Conviction of accused was altered from S.302(b), P.P.C. to S.302(c), P.P.C. and sentenced accused to the period which he had already undergone. Mairaj Begum v. Ejaz Anwar and others PLD 1982 SC 294 ref. THIS JUDGMENT DELIVERED BY: KHAWAJA MUHAMMAD SHARIF, CHIEF JUSTICE---.--- This judgment will dispose of Criminal Appeal No. 1046 of 2002 filed by Ijaz Ahmad, convict/appellant, who was convicted by the learned Additional Sessions Judge, Sheikhupura vide judgment dated: 20-5-2002 and sentenced as under: 25 years RI along with fine of Rs. 1,00,000 which shall be paid to legal heirs of the deceased; under section 302(b), P.P.C. In default payment of fine to further undergo SI for six months. Criminal Revision No. 620 of 2002 filed by the complainant for enhancement of sentence of the appellant which was admitted to regular hearing shall also be disposed of through this judgment. 2. Brief facts of the case as disclosed by Mst. Naseem Akhtar, P. W.10, in complaint Exh. PA, are that on 21-6-2001 at about 11-30 a.m. when the complainant along with her two sons, namely, Tanveer Abbas and Suqlain Abbas and grand son Ali Raza, was present in her house,…

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