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Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302 & 34--Criminal Procedure Code, (V of 1898), S. 342--Qatl-i-amd--Sentence--Motive--Substitution is rare phenomena--Appreciation of evidence--No animosity or ill will--Sufficient to cause death of deceased--Quantum of sentence--Modification--Medical evidence fully corroborates ocular account--Validity--In his statement recorded under Section 342, Cr.P.C., appellant confessed his guilt--Moreover, it was deceased's own conduct which prompted appellant to attack him as he contracted run away marriage with appellant's daughter--Death penalty was not warranted and alternate sentence imprisonment for life was sufficient to meet ends of justice--Death sentence of appellant was converted into imprisonment for life with benefit of Section 382-B, Cr.P.C. JUDGMENT Ch. Mushtaq Ahmed, J.--Appellant Ahmed Ali has challenged his conviction and sentence through the above cited criminal appeal. He was tried by learned Additional Sessions Judge, Sahiwal in case FIR No. 91 dated 6.4.2009 registered under Sections 302, 34, PPC at PS FatehSher, District Sahiwal. State has sought confirmation of death sentence awarded to Ahmed Ali, appellant through Murder Reference No. 194 of 2010. We propose to dispose of both these matters through this single judgment. 2. Learned Additional Sessions Judge, Sahiwal vide his judgment dated 30.9.2010 convicted the appellant under Section 302(b), PPC to Death. He was also held liable to pay Rs. 1,00,000/- on as compensation to the legal heirs of deceased Shahid Ali in terms of Section 544-A,Cr.P.C. and in case of default to further undergo simple imprisonment for six months. 3. Brief facts as disclosed in complaint (Exh.PE) are that on 6.9.2010 he alongwith his son Shahid Ali, daughter Afshina Bibi and son in law Ghulam Farid was present in his house when at about 10.30 a.m. Ahmad Ali (present appellant) armed with .30 bore Pistol and his sonSikandar Ali armed with pistol came there on Honda Motorycle No. SL-6890; they stopped the motorcycle infront of the house of complainant and raised lalkara that Shahid be taught a lesson for contracting marriage with Safina Bibi alias Fauzia D/o Ahmad Ali…

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