Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(c), 392 & 396---Qatl-i-amd, robbery, dacoity and murder---Appreciation of evidence---Accused was acquitted of the charge, while his co-accused was convicted and sentenced to life imprisonment under S.396, P.P.C., along with fine of Rs.20,000---Allegations against convicted accused, stood proved by initial report, statement of complainant, as well as other corroborative and circumstantial evidence---Weapons Expert verified that bullets were fired from the pistol recovered from the accused---Minor discrepancies in the statements of complainant and prosecution witness did not constitute any sufficient cause to discard the whole evidence---FIR, was lodged, well in time---Identification of accused was not doubtful---Complainant narrated the truth---Prosecution version was three persons, who killed the deceased, and also snatched his SMG; whereas S.396, P.P.C., would attract in case of the offence committed by five or more than five persons---Section 396, P.P.C., was not attracted in the present case; and instead offence fell within the ambit of S.392, P.P.C., as well as S.302(c), P.P.C.---Sentence awarded merited modification---Accused was awarded 14 years imprisonment for the offence under S.302(c), P.P.C. and 10 years' R.I. under S.392, P.P.C.---Both the sentences, would run concurrently with the benefit of S.382-B, Cr.P.C. Jamal Khan and another v. The State PLD 2003 Kar. 195; Muhammad Shafi and another v. The State PLD 1959 (W.P.) Kar. 468 and Raman Menon v. Madhavan AIR 1927 Madras 243 ref. THIS JUDGMENT DELIVERED BY: SARDAR ABDUL HAMEED KHAN, JUSTICE:----------- The above titled appeals have been directed against the judgment of District Court of Criminal Jurisdiction Mirpur dated 31.01.2006, whereby accused-respondent Aziz was acquitted of the charge and Husnain Abbas accused/ appellant was convicted and sentenced to life imprisonment. 2. Brief facts forming background of the instant appeals are that the complainant Muhammad Sharif lodged a report at Police Station Thothal on 05.04.2005 at 2:00 a.m., alleging therein that at 11:00 p.m. in the midnight he and his other companion were performing their duties as Guards…