Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 394--- Qatl-i-amd, voluntarily causing hurt in committing robbery---Appreciation of evidence---Accused persons could not be identified at the time of occurrence, though their features to some extent were mentioned in the FIR---Number of persons allegedly had witnessed the occurrence whose names were mentioned in the FIR, but except the complainant nobody came forward to support the prosecution case---Prosecution had to bank upon a witness who was introduced at a subsequent stage, his testimony could be discarded for the reason that he was not shown present at the spot by the complainant in his statement---Said witness did not join investigation primarily, his statement was also full of improvements and discrepancies---Identification parade which had certain inherent defects, could hardly be made basis of the conviction of accused---No crime empty having been recovered from the spot, alleged recovery of pistol 30 bore on the pointation of accused, was of no consequence---Prosecution evidence was discrepant and highly insufficient to base conviction of accused in a charge entailing capital punishment---Impugned conviction and sentence, were set aside, in circumstances. Muhammad Fayyaz v. The State 2012 SCMR 522 and Ghulam Qadir v. The State 2008 SCMR 1221 ref. JUDGMENT ARSHAD MAHMOOD TABASSUM, J.---Muhammad Shafique, appellant, along with his co-accused, namely, Tariq Maqsood and Muhammad Usman, was tried by the learned Sessions Judge, Vehari, in case FIR No. 278, dated 27-7-2005, registered under sections 302/34/392/394/109/411, P.P.C., with Police Station Gaggo, District Vehari, for committing Qatl-i-amd of deceased Muhammad Amin. The learned Court on conclusion of trial vide judgment dated 26-9-2009, convicted the appellant under section 394, P.P.C., and sentenced him to 14 years with a direction to pay Rs. 1,00,000 as fine and in default whereof to further undergo one year's R.I. The appellant was further convicted under section 302(b), P.P.C., and sentenced to death for committing murder of Muhammad Amin. He was also burdened to pay Rs.1,00,000 as compensation to the legal heirs of the deceased Muhammad Amin,…

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