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Farrukh Gulzar Awan, J. This judgment shall dispose of Criminal Appeal No.375-J of 2011 filed by Muhammad Asghar convict/appellant, who was convicted and sentenced by the learned Additional Sessions Judge, Layyah after trial in case FIR No.54 dated 30.1.2008 under Section 302 read with Section 34 PPC registered at Police Station City Layyah vide judgment dated 11.3.2010, who was sentenced as under:- Under Section 302 PPC Death and to pay compensation of Rs.100,000/- to the legal heirs of the deceased Muhammad Nadeem Khan and in default thereof to further undergo simple imprisonment for six months. Under Section 364 PPC Rigorous imprisonment for 10-years and to pay the fine of Rs.25,000/- and in default thereof to further undergo simple imprisonment for six months. Murder Reference No.97 of 2011 for confirmation or otherwise of death sentence of appellant Muhammad Asghar shall also be decided through this single judgment. 2. The squeeze facts as narrated in the crime report (Ex.PA/1) registered on the complaint (Ex.PA) of Hameedullah Khan complainant (PW-11) are that on 29.1.2008 at about 7:30 p.m. He along with his brother Ataullah Khan (PW-12), brother-in-law (Behnoi) Fazal Rasool Khan (given up PW), who had come from Chowk Azam to see him and his son Muhammad Nadeem Khan (deceased) was sitting in the Baithak of his rented house when Muhammad Asghar (appellant), a friend of his son Muhammad Nadeem Khan (deceased) previously known to them along with an unknown young boy wearing Shalwar Qameez having medium height and wheatish colour came there. Muhammad Asghar asked Muhammad Nadeem Khan to accompany him, who took out his motorcycle CD-70 bearing No.8803/LYB. On the asking of complainant, Muhammad Nadeem Khan told that they were going on a feast hosted by Muhammad Asghar. Muhammad Nadeem Khan picked his mobile-phone Nokia-1600 and they all three went away on the motorcycle. Thereafter, the complainant along with Muhammad Ataullah Khan and Fazal Rasool prosecution witnesses went on walk after having meal. When they reached Housing Colony No.3 at 8/9:00 p.m., they heard shriek from Western side. In the light of torch, they saw Muhammad Asghar having Churri type…

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