Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Matter having been reported promptly, there was no possibility of deliberations or consultations---No previous enmity had been found between the parties---No direct evidence of the motive existed, but on that score alone, the whole case could not be thrown away---Non-proof of the motive or disproof of it would not mean that the whole incident was doubtful---Presence of eye-witnesses, was not unusual at the place of occurrence because the deceased was an employee of the owner of the place where incident took place---No significant inconsistency had been noticed in medical evidence vis-a-vis its corroboration to ocular account---Recovery of the 'Toki' further corroborated the prosecution case being sharp edged weapon and the injuries were caused with the same kind of weapon---Report of the Chemical Examiner as to its blood-imbrued was in the affirmative---Prosecution had ably proved its case against accused beyond shadow of reasonable doubt---Circumstances existed to favour accused so as to extenuate the quantum of sentence from death to life imprisonment---While maintaining the conviction, death sentence was commuted to imprisonment for life with benefit of S.382-B, Cr.P.C. Muhammad Javed and another v. The State and others 2011 SCMR 1662 ref. JUDGMENT MAZHAR IQBAL SIDHU, J.---Muhammad Akmal appellant, in the appeal, as mentioned above, has impugned the punishing judgment of learned Additional Sessions Judge, Mailsi dated 31-1-2009, whereby he along with his co-accused Allah Dewaya was tried in a complaint privately instituted under sections 302/34, P.P.C. emanating from a case registered vide F.I.R. No.533/07 dated 12-12-2007 under sections 302/34, P.P.C. at Police Station, City, Mailsi, District Vehari and punished as follows:-- Conviction Sentence Under section 302(b), P.P.C. Sentence of death as Ta'zir and to pay compensation to the tune of Rs.1,00,000 as required under section 544-A, Cr.P.C. to the legal heirs of the deceased Mumtaz Ahmad and in default whereof to further undergo six months' simple imprisonment as well as the same was ordered to be…

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