Law: Pakistan Penal Code, 1860

Section: 34,148,149,302,302(b),324,382(b)

(a) Penal Code (XLV of 1860)--.-- --.---Ss. 302(b), 324 & 34--.--Qatl-i-amd, attempt to commit qatl-i-amd, common intention--.--Reappraisal of evidence--.--Incident was reported to the police on the same morning, just one hour after its happening despite the fact that distance between the police station and the place of occurrence was eight kilometers--.--Both the accused and co-accused had been charged for the murder of two persons and launching a murderous assault upon the injured witness--.--Ocular account was furnished by the complainant and another eye-witness which was fully supported by the medical evidence furnished by the doctors--.--Prosecution case to the extent of accused and co-accused was further corroborated by the recovery of weapons of offence at their instance during the course of investigation and positive report of Forensic Science Laboratory--.--Prosecution successfully proved its case against both the accused and co-accused beyond any shadow of doubt--.--Appeal was partly dismissed accordingly. (b) Penal Code (XLV of 1860)--.-- --.---S. 302(b)--.-- Qatl-i-amd--.-- Reappraisal of evidence--.-- Sentence, reduction in--.--Mitigating circumstances--.--Absence of direct motive--.--No direct motive was alleged against the accused, therefore, taking it as a mitigating circumstance, the sentence of death awarded to him was altered to imprisonment for life--.-- Appeal was partly allowed accordingly. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Allah Wasaya and Shaukat Ali (appellants) along with four others were indicted in case FIR No.37/1999 dated 19.02.1999 offence under sections 302, 324, 148 and 149, P.P.C. registered at Police Station Drakhawast Jamal Khan, District Dera Ghazi Khan for the murder of Muhammad Ibrahim and Rasool Bakhsh (deceased) and launching a murderous assault upon Abdul Hakeem injured (PW.10). 2. After the trial, Allah Wasaya (appellant No.1) and Shaukat Ali (appellant. No.2) were convicted under section 302(b), P.P.C. read with sections 148 and 149, P.P.C. and both of them were sentenced to death on two counts. Both of them were also made liable to pay compensation under section 544-A, Code of…

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