Law:

Section:

Penal Code (XLV of 1860)---Ss. 302(b)/324/337-F(iii)---Qatl-e-amd, attempt to commit qatl-e-amd, ghayr-jaifah-mutalahimah---Reappraisal of evidence---Sentence, reduction in---Sudden fight---Non-repetition of fire---Motive not fully established---Effect---Accused and co-accused allegedly killed the deceased and caused injuries to a witness during a sudden fight---Motive for the alleged occurrence was that accused and co-accused held a grudge due to a divorce obtained by their aunt, who was sister of deceased and mother of injured witness---Trial Court sentenced accused to undergo life imprisonment, while co-accused was sentenced to death---Validity---All prosecution witnesses and complainant were unanimous in narrating the occurrence and in nominating accused and co-accused for having fired at the deceased and for injuring the injured witness---Ocular account fully corroborated medical evidence on record---Witnesses remained steadfast during their cross-examination and no response could be elicited from them which could help the defence in any manner whatsoever---Although alleged motive for the occurrence was animus nursed by accused and co-accused due to the divorce obtained by their aunt, however strangely upon arriving at the scene of occurrence, they allegedly enquired about their aunt's son i.e. injured witness, rather than directing their anger at their aunt and her new husband, who were admittedly present at that time---Death of deceased and injuries caused to the injured witness were a result of sudden fight--- Accused and co-accused did not repeat their fire shots despite the fact that injured witness and others were at their complete mercy---Appeal was allowed, death sentence of co-accused was converted to life imprisonment---Life imprisonment of accused was set aside, and only sentences of five years and three years, awarded to him under Ss.324 and 337-F(iii), P.P.C. respectively, were maintained. JUDGMENT SARMAD JALAL OSMANY, J.---Both this Jail Petition as well as Criminal Appeal impugn the Judgment of the learned Lahore High Court whereby petitioner Muhammad Yasin has been convicted under section 302(b), section 324 and section 337-F(iii), P.P.C.…

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