Law:

Section:

Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Grave and sudden provocation---Omissions in investigation---Trial Court convicted and sentenced the accused to death---Validity---Minor omission, if any, on the part of investigating agency in the matter was not of much importance, when entire evidence on record was unshaken---Charge against accused was proved beyond any reasonable doubt---Due to demand of loan by deceased from accused some altercation took place and tampers had flared up at the spot and there was no time for accused to ponder or for that matter to think upon fall out of his act---High Court converted death sentence into imprisonment for life and compensation awarded by Trial Court was left intact---Appeal as allowed accordingly. 1978 SCMR 136; 2003 SCMR 522 and 2001 SCMR 90 ref. JUDGMENT SYED AFSAR SHAH, J.---This Criminal Appeal (No.97 of 2010) is directed against the judgment dated 30-4-2010 passed by learned Additional Sessions Judge-III, Haripur, whereby the appellant Khalid Mehmood was convicted under section 302(b), P.P.C. and sentenced to death with payment of compensation of Rs.3,00,000 to the L.Rs. of the deceased within the meaning of section 544-A, Cr.P.C. or in default thereof to undergo six months' S.I. further. The learned trial Court has also forwarded Murder Reference within the meaning of section 374, Cr.P.C. 2. Facts relevant for disposal of the present appeal in brief are given as under:-- On 26-6-2005 at about 0845 hours Khurram Shahzad (P.W.5) resident of Mohallah Sessions House Haripur made a report to S.-I. Muhammad Shaukat of Police Station City (P.W.1) in the Emergency Ward of DHQ Hospital, Haripur, to the effect that on the day of occurrence he alongwith his father was present in their shop situated in Mochi Bazar Haripur when told by his father to go to Khalid resident of Ashraf Colony for the return of loan. They also took their uncle Waseem Shahzad (P.W.6), who was also having a shop in the same vicinity and accordingly, all the three went to there where his father knocked at the door of the house of the appellant and on which he came out from his house; that…

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