Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Occurrence took place under the sunlight--- Accused was nominated in the F.I.R. along with weapon with specific role, that he made fire shot with his rifle .44 bore, hitting deceased on his back when he was running which went through and through--- Doctor endorsed that the deceased died of fire shot injuries--- Presence of the eye-witnesses had been found uprooted on account of unbridgeable medical contradiction with the ocular account with regard to distance at which deceased received solitary fire shot injury---Site plan showed that deceased received fire shot injury from the distance of 80-Karams---Statement of eye-witnesses revealed that deceased was fired at from a distance of one Vega, whereas the Doctor had observed margins of inlet wound burnt---Such inconsistency could not be resolved in favour of the prosecution; and that fact alone was sufficient to extend benefit to accused---Impugned of conviction and sentence was set aside and accused was acquitted of the charge against him and was released. Syed Abdul Baqi Shah v. The State 1997 SCMR 32; Muhammad Aslam Khan v. The State 1999 SCMR 172; Wahid v. The State PLD 2002 SC 62; Muhammad Tufail v. The State PLD 2002 SC 786 and Abdul Subhan v. Raheem Bakhsh PLD 1994 SC 178 ref. Muhammad Ishaque v. The State 2007 SCMR 108 rel. JUDGMENT MAZHAR IQBAL SIDHU, J.---Muhammad Afzal appellant by way of filing instant appeal under section 410, Cr.P.C. impugns the legality of judgment handed down by the learned Additional Sessions Judge, Sheikhupura on 29-9-2008, whereby he along with his co-accused Muhammad Nawaz, Safdar Ali, Ashfaq Ali and Muhammad Boota was tried in a case registered vide F.I.R. No.128 dated 28-4-2003 under sections 302/148/149, P.P.C. at Police Station, Sadar Farooqabad, District Sheikhupura, convicted and sentenced infra:-- Under section 302(b) of Pakistan Penal Code. Death sentence as Ta'zir and to pay compensation to the tune of Rs.1,00,000 to the legal heirs of the Habib deceased as required under section 544-A Cr.P.C. and in default whereof to further undergo simple imprisonment for six months. 2. The law was…

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