Law:

Section:

Penal Code (XLV of 1860)--- --------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Case was of solitary blow confirmed through medical evidence, which was attributed to accused alone --------- Prosecution witnesses were consistent, straightforward and confidence inspiring --------- Previous acrimony in the wake of criminal litigation was also satisfactorily established---All the witnesses and accused were close relatives---Inadequacy of motive, infliction of a solitary blow; and un-anticipated arrival of the deceased at the venue to face his assession, were factors which on a closer scrutiny, without doubting the presence of eye-witnesses, spelled out a different scenario---Occurrence was a sudden incident---Application of clause (c) of S.302, P.P.C., in such a situation would be more aptly applicable to the case---Conviction of accused was converted into clause (c) of S.302, P.P.C., and his sentence was reduced to fifteen years' R.I., which in the facts and circumstances of the case would meet the ends of justice. Ali Muhammad v. and Ali Muhammad and another PLD 1996 SC 274 and Azmatullah v. The State 2014 SCMR 1178 rel. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:------------------ Muhammad Rafique, hereinafter referred to as the deceased, was fatally stabbed on 3-10-2010 at 4:30 p.m. within the area of Thathar-wala situating at a distance of 11 kilometers from Police Station Darhama District D.G. Khan; the incident was reported straight at the police station by Muhammad Aslam (PW-2) alleged wherein is that within his view, the appellant accompanied by Ghulam Yasin, Ghulam Fareed and Muhammad Iqbal confronted the deceased, on way riding a bicycle, who ran to save himself by taking refuge inside the house of Lal Sanjrani, however, the appellant after taking Churri earlier held by Ghulam Yasin dealt a blow to the deceased on left side of chest piercing into his heart, who succumbed to the injury at the spot. Motive for the occurrence was an earlier criminal case wherein the deceased was on bail and the accused had threatened that in the event of bail they would deal him on their own. Dr. Mehmood Khan Laghani…

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