Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, JUSTICE:---.--- Leave to appeal was granted vide order dated 6.2.2012 to make reappraisal of the entire evidence Including unnatural conduct of the eye-witnesses and when two co-accused (real brothers) of the appellant have been acquitted by the trial court, disbelieving the prosecution witnesses, whether the same evidence without independent corroboratory evidence could be acted upon awarding capital punishment to the present appellant. We have heard learned ASC for the appellant and Ch. Muhammad Waheed Khan, - learned Additional Prosecutor General, Punjab. 2. The trial court at the conclusion of the trial vide judgment dated 31.5.2004 acquitted the two co-accused (real brothers) of the appellant while he was awarded death sentence and to pay Rs. 200,000/- (two lac) to the legal heirs of the deceased. 3. On appeal and Murder Reference sent by the trial court, the Judges of the learned Lahore High Court, Lahore held that the FIR was promptly lodged and two eye-witnesses have given a consistent statement on material aspects of the case; they are truthful witnesses and corroborated by the medical evidence and that the parties are closely related thus, there was no reason to falsely implicate the appellant. However, due to single stab wound attributed to the appellant and because the motive was not established, therefore, the death sentence was converted into life imprisonment and murder reference was answered in negative. 4. The case set up by the prosecution in the FIR lodged by Mst. Sughran Bibi aged 50/51 years was to the effect that on 2.6.2003 at about 8.30 pm she along with her husband Nazar Hussain and other sons and daughters were present in their house when Iftikhar son of Abdul Sattar and Tajammal Shah son of Mehmood Shah, the friends of her son i.e. deceased namely Muhammad Akram came there (house) and took him out to go for a round and chitchat. The complainant claimed that she along with her husband followed them and when the deceased and his companions reached 'metal road near (Aara)-saw machine' of one Aazan Sain, she saw that the appellant-Muhammad Asif armed with a dagger, Ashiq Hussain and Muhammad Abbas…

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