Law:

Section:

Penal Code (XLV of 1860)---.--- ---.---Ss. 302(b), 148 & 149---.--- Qatl-i-amd, rioting, common object---.---Appreciation of evidence---.---Sentence, reduction in---.---Motive as set up by the prosecution, was not proved---.---None of accused persons, caused any injury, either to the complainant or prosecution witness, despite the fact that they were at the mercy of accused---.---No pre-mediation and pre-consultation existed---.---Co-accused having been acquitted by the Trial Court on the same set of evidence, it was a fit case, which called for interference by High Court only to the extent of sentence---.---Mitigating circumstances existed in favour of accused---.--W.hile maintaining conviction of accused under S. 302(b), P.P.C., his sentence of death was converted to imprisonment for life, with benefit of S. 382-B, Cr.P.C.---.--W.ith said modification in the sentence, appeal filed by accused was dismissed, in circumstances. Mst. Fazal Bibi v. Muhammad Rafiq and another 1984 SCMR 1373; Muhammad Iqbal v. The State 1990 ALD 693(1); Naveed alias Needu and others v. The State and others 2014 SCMR 1464; Maqsood Khan v. The State and another 2003 PCr.LJ 1165; Saadullah Jan v. The State and another 2002 PCr.LJ 1463; Muhammad Ashraf v. Tahir alias Billoo and another 2005 SCMR 383 and Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142 rel. THIS JUDGMENT DELIVERED BY: SARDAR AHMED NAEEM, JUSTICE:---.----- W.aris (appellant) and Zafar, Nasir alias Lachho, Hakim alias Hakoo, Nosher and Muhammad Yar, accused of case FIR No.842/2009, dated 04.11.2009, under sections 302/148/149 of the Pakistan Penal Code, 1860, registered at Police Station Bhowana, District Chiniot, at the instance of Mst. Fatima Bibi complainant (PW-3), were tried by the learned Addl. Sessions Judge, Chiniot, for committing intentional murder of Noor Muhammad. At the conclusion of the trial vide judgment dated 21.03.2011, accused Zafar, Nasir, Hakim, Nosher and Muhammad Yar were acquitted of the charge, whereas Waris appellant was convicted and sentenced as under:- "under section 302(b), P.P.C. to death as Tazir with a direction to pay Rs.3,00,000/- to the legal heirs of deceased…

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