Law: Pakistan Penal Code, 1860

Section: 302(b),302(c),404,452,504

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Penal Code (XLV of 1860)--- ----S. 302 (b)---Qatl-e-amd---Appreciation of evidence---Co-accused named in the F.I.R. with role were tried and acquitted, while case against accused was kept on dormant file as during the proceedings he had absconded---Accused. was again arrested and case was proceeded and he was convicted---According letter submitted by Superintendent Jail, accused had served out sentence of twelve years, one month and two days, while accused had earned eight years, seven months and 6 days as remission---Period for which accused was in jail, was sufficient for his conviction---Appeal filed by accused, was dismissed, but his sentence was reduced to which he had already undergone---Conviction of accused for offence punishable under S.302(b), P.P.C. was converted to S.302(c), P.P.C. and accordingly sentenced for imprisonment for which he had already undergone. THIS JUDGMENT DELIVERED BY: GHULAM SARWAR KORAI, J.--- On 19-8-1993 at about 630 hours F.I.R. No. 159 of 93 was registered at P.S. A Section Larkana of the incident which allegedly took place on the same date at about 4-30 hours by one Syed Deeder Hussain Shah for the murder of Nazar Hussain Shah against Nazir, Suhno and Lal Bux. This incident was allegedly witnessed by Shabir Shah, Fida Hussain Shah and Nazeer Hussain Shah. After registration of F.I.R. of three nominated accused with the role were let-off by the police and subsequently appellant was arrested, his confessional statement was allegedly recorded, case was tried and appellant was convicted and sentenced for offence punishable under section 302(b), Cr.P.C. for life imprisonment and compensation of Rs.50,000 to be paid to the legal heirs of the deceased Nazar Hussain Shah in case of default thereof, same was ordered to be recovered as arrears of land revenue and if it is not possible the appellant was ordered to suffer R.I. for six months more. The appellant was also found guilty for offence punishable under section 404, P.P.C., therefore, he was convicted and sentenced R.I. for three years and fine of Rs.5,000 in case of default of payment of fine R.I. for six months. Both the sentences were ordered to run concurrently. He was also…

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