Law: Pakistan Penal Code, 1860

Section: 302(b),302(c)

Law: Civil Procedure Code (V of 1908)

Section: 342

Penal Code (XLV of 1860)--- ----S. 302(b) & 302(c)---Criminal Procedure Code (V of 1898), S.342---Qatl-i-amd---Reappraisal of evidence---Inculpatory statement of accused---Converting of sentence---Trial Court convicted accused persons for committing qatl-i-amd and sentenced the principal accused to death while the other was sentenced to imprisonment for life---High Court in exercise of appellate jurisdiction converted sentence of death into imprisonment for 25 years under S. 302(c), P.P.C. while the other accused was acquitted of the charge---Validity---Principal accused had admitted occurrence and could not produce any witness in support of his version that he acted in self-defence---Inculpatory part of a statement could be read in support of prosecution's case---Principal accused actively participated in the occurrence and committed murder of deceased and, thereafter, he concocted a false story to save his skin---High Court had erred in law while converting the offence from S. 302(b), P.P.C. to S. 302(c), P.P.C.---Supreme Court convicted principal accused under S. 302(b), P.P.C. instead of S. 302(c), P.P.C. and sentenced him to imprisonment for life---Appeal was accepted accordingly. JUDGMENT CRIMINAL APPEAL NO.150-L OF 2009 IJAZ AHMED CHAUDHRY, J.---None has appeared to pursue this appeal. However, since it is an old matter, we are inclined to proceed with the matter in the interest of justice. 2. Through this appeal by leave of the Court, the appellant/complainant has challenged the vires of the impugned judgment passed by the learned Lahore High Court vide which the death sentence awarded to the respondent Tufail Ahmed under section 302(b), P.P.C. has been converted into 25 years' RI under section 302(c), P.P.C. and the respondent No. 1 namely Hameed has been acquitted. 3. The prosecution story as given in the FIR briefly stated is that on the fateful day and time i.e. on 7.9.2001 after Maghrib prayer, appellant/complainant Khawaja Farooq Ahmed PW-1, Hanif Ahmed PW-2 and Latif Ahmed (deceased) were sitting in front of his house, when suddenly respondent Tufail, Hameed and Falak Sher emerged at the scene and demanded Rs.10,000/- as Ghunda Tax, upon…

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