Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Accused persons, were directly charged in promptly lodged FIR, and names of eye-witnesses of the occurrence, were also mentioned therein---Motive, which was old enmity behind the offence, was also shown in FIR, which was admitted by accused in his statement under S.342, Cr.P.C.---Scene of occurrence, presence of the eye-witnesses, and the manner of commission of offence, were established---Abscondence of accused was also proved---Eye-witnesses, though were related to the deceased, but nothing was on record to suggest that they had any enmity with accused, so as to implicate them in a case of capital punishment---Trial Court, in circumstances, had rightly convicted accused persons, but life imprisonment awarded to accused persons was harsh, for the reasons that recovery proceedings were not proved, and the relevant prosecution witnesses turned hostile; that recovered guns were neither sent to the arms expert, nor were presented before the Trial Court; that contradictions existed between the statements of two eye-witnesses regarding making of site-plan of the scene of occurrence; and that statement of Investigating Officer could not be recorded due to his death---Life imprisonment awarded by Trial Court, was converted into imprisonment for 14 years by Chief Court---Accused would undergo 14 years' imprisonment accordingly. JUDGMENT WAZIR SHAKEEL AHMED, J.---This Cr. Appeal calls in question the judgment dated 19-12-2011, passed by the Sessions Judge Diamer in case No.56/98, whereby the appellants/convicts were found guilty of offence under section 302/B-P.P.C. and sentenced them to life imprisonment and fine of Rs.1,00,000. 2. Facts gathered from the record of the case briefly are that one Mayoon son of Ghulam got recorded an FIR before Police at Police Station Chilas stating that at about 9.00 hrs on 20-10-1996, he and P.W. Juma Khan and his brother Ajab Khan (deceased) were going to Phalyat from Gotmal, when they reached near the lands of Aman at Phalyat, all of a sudden accused Wazir son of Bato and Noor Jehan son of Juma Khan started firing at the…

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