Law: Pakistan Penal Code, 1860

Section: 302(b),302(c)

Penal Code (XLV of 1860)--- ----Ss. 302(b) & 302(c)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Sudden provocation---Trespassing---Deceased, on the day of occurrence, went to Ihata of father of accused as trespasser, where he showed unruly behaviour, which led to incident severing his lifeline---Deceased lost his life due to a fire shot made by accused but the circumstances whereunder he did so needed serious consideration---Stories narrated by both the sides were polluted with certain amount of exaggeration but court was not precluded from drawing its own independent result based on available record---Accused committed offence under compelling circumstances which over-whelmingly contributed to occurrence---High Court altered conviction of accused under S.302(b) to S.302(c), P.P.C. and reduced his sentence from imprisonment for life to rigorous imprisonment for fourteen years---Appeal was dismissed accordingly. JUDGMENT SHAHID HAMEED DAR, J.---Muhammad Iqbal-appellant was held guilty under section 302(b) P.P.C. for the murder of Rab Nawaz, brother of the complainant, by learned Sessions Judge, Bhakkar vide judgment dated 24-1-2008 and sentenced to imprisonment for life with a direction to pay a sum of Rs.2,00,000 to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. or in default thereof to undergo simple imprisonment for six months. Benefit of section 382-B, Cr.P.C. was also extended to him. His co-accused, Rab Nawaz and Ghulam Eesa, were, however, acquitted of the charge on extension of benefit of doubt. 2. The convict/appellant has filed Criminal Appeal No.141 of 2008 against his conviction/sentence, whereas the complainant preferred Criminal Revision No.141 of 2008 seeking enhancement in the sentence awarded to the appellant. I propose to dispose of both the matters together through this single judgment. 3. The facts, as unfolded by Muhammad Bilal complainant (P.W.9), son of Muhammad Azeem, in F.I.R. (Exh.PF/1) are that he was an Imam Masjid in village Bharmi Nawab; he came to his village, Bharmi Chiragh to see his family on 5-10-2005; he along with Muhammad Ibrahim P.W. (not produced) and Inayat Ullah…

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