Law:

Section:

(a) Penal Code (XLV of 1860)------S. 302/34---Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd, common intention, possessing unlicensed arm---Appreciation of evidence---First Information Report did not attribute act of firing to the two accused persons and site plan did not show names of said accused and there was no mention of their presence at any place---Investigating Officer had not attributed any role to said two accused persons---Conviction of said accused persons was not based on any evidence---Mere presence of accused persons, even if admitted without attribution of any specific role in commission of offence, was never sufficient evidence for recording conviction---Conviction/sentence against said two accused persons being wrong, was set aside to their extent. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Pakistan Arms Ordinance (XX of 1965), S.13---Qatl-e-amd, common intention, possessing unlicensed arms---Appreciation of evidence---Prosecution evidence was based on previous enmity between the parties---Occurrence had taken place at day time, and scene of occurrence, was not disputed---Inquest report had shown that deceased received bullet injuries---Defence had failed to shatter the veracity of the eye-witnesses, who were directly charging one accused for opening fire on the deceased or the complainant---Presence of prosecution witnesses at the scene of occurrence was natural---Statements of the eye-witnesses were corroborated from recoveries and inquest report---Prosecution had established guilt of accused, in circumstances---Quarrel being between the parties, occurrence was a result of spur of the moment, and not pre-meditated---Death sentence awarded to said accused was converted into life imprisonment, but fine of Rs.2,00,000 imposed was enhanced to Rs.7,00,000---Conviction and sentence of said accused for offence of S.13 of Pakistan Arms Ordinance, 1965, was upheld. JUDGMENT MUHAMMAD ALAM, J.---Through this Criminal Appeal, appellants have challenged order dated 13-12-2011 of the learned Additional Sessions Judge Diamer, whereby, the learned Additional Sessions Judge has convicted the appellants, sentencing Mr. Muhammad Riaz, appellant…

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