Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 452 & 34---Qatl-i-amd, house-trespass after preparation for hurt, common intention---Reappraisal of evidence---Occurrence in the present case had taken place early in the morning in summer season at a time when the day had already broken---Accused was not only an immediate neighbour of complainant but he was also related to the complainant party---Complainant resided in the same house as the deceased and the time of occurrence was such that availability of the complainant in her house at the relevant time was nothing but natural and expected---Statement made by complainant when appearing as a witness was straightforward and confidence inspiring and both the courts below had found it impossible to dislodge her testimony---Said testimony of the complainant had received ample support from the medical evidence---Complainant had no reason to falsely implicate the accused as not only were they neighbours but were also related---Guilt of the accused had been established to the hilt---Accused had already been treated leniently in the matter of his sentence by the High Court, which reduced his death sentence to life imprisonment on the charge of murder---Appeal was dismissed accordingly. THIS JUDGMENT PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Abid Ali appellant had allegedly murdered one Manazir Ali by firing at him inside the deceased's house in village Gulapur in the area of Police Station Midh Ranjha, District Sargodha in the backdrop of a motive according to which one Mst. Batool Bibi daughter of Mirza was abducted by one Abdul Rasheed Multani and the accused party suspected Manazir Ali deceased's involvement in that abduction. On the basis of the said allegations the appellant and his co-accused were booked in case FIR No. 89 registered at the above mentioned Police Station on the same day. After a regular trial the appellant was convicted by the trial court for an offence under section 302(b), P.P.C. read with section 34, P.P.C. and was sentenced to death and to pay compensation besides having been convicted and sentenced for an offence under section 452, P.P.C. The appellant challenged his convictions and…

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