Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 544-A

(a) Penal Code (XLV of 1860)--.-- --.---S. 302(b)--.--Qatl-i-amd--.--Reappraisal of evidence--.--Occurrence took place in daylight--.--Matter was reported to the police on the same day through the written statement of complainant at the hospital, on the basis whereof formal FIR was registered--.--Postmortem on the dead body of deceased was conducted on the same day--.--Promptness in reporting the matter to police and the timely postmortem on the dead body of deceased ruled out any chance of pre-consultation or deliberation--.--Ocular account was furnished by two witnesses who remained consistent on all the material aspects of the case, and their testimony was further supported by the medical evidence adduced by the doctor who observed 17 incised/stab wounds and three abrasions on the dead body of the deceased--.--Prosecution had been successful in proving its case against the accused beyond any shadow of doubt and he had rightly been convicted by the Courts below under S. 302(b), P.P.C.--.--Appeal to the extent of conviction of accused was dismissed accordingly. (b) Penal Code (XLV of 1860)--.-- --.---S. 302(b)--.-- Qatl-i-amd--.-- Reappraisal of evidence--.-- Sentence, reduction in--.--Mitigating circumstances--.--High Court had not believed the motive part of the prosecution story and also discredited the evidence of recovery--.--Reasons assigned by the High Court for discarding the evidence of motive and recovery were valid and convincing--.--While maintaining the conviction of the accused under S. 302(b), P.P.C., his sentence of death was converted into imprisonment for life. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- The appellant was indicted to face trial in case FIR No. 221 dated 18.07.2001, offence under section 302, P.P.C., registered at Police Station Gulberg, Faisalabad. After a full-fledged trial, the learned trial Court convicted him under section 302(b), P.P.C. and sentenced him to death. He was also directed to pay compensation of Rs.20,000/- to the legal heirs of the deceased under section 544-A, Code of Criminal Procedure, in default whereof to undergo RI for two months. The appellant then filed criminal appeal before the…

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