Law: Pakistan Penal Code, 1860

Section: 302

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-i-Amd--Reappraisal of evidence--Appeal dismissal of--Accused made fire shot on head of deceased--Both parties known to each other--Day light occurrence--Nominated accused with specific role--Fire is located slightly on the right side of the head, 9.c.m. above right ear, 7cm in length--PW's usually are not expert in giving exact locale hitting bullet--All injured receive serious injuries--PW's have no reasons to falsely implicate--Defence failed to bring on record, any reason to leave actual culprits and implicate present appellant--Accused already been dealt leniently on account of weakness of motive and awarded imprisonment for life--Appeal dismissed. THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE---.--- Appellant Shah Muhammad has challenged his conviction and sentence through Criminal Appeal No. 293 of 2016; appellant Muhammad Mansha has challenged his conviction and sentence through Criminal Appeal No. 304 of 2016 whereas Criminal Revision No. 164 of 2016 has been filed by complainant for enhancement of sentence of Shah Muhammad. They alongwith co-accused were tried by learned Additional Sessions Judge, Vehari in case FIR No. 473 dated 24.09.2011 registered under Sections 302, 324, 337-F(v), F(iii),F(i), A(i), 148,149, PPC at Police Station Luddan, District Vehari. I intend to dispose of all the matter through this single judgment. 2. On conclusion of trial, appellants were convicted and sentenced by learned trial Court vide judgment dated 30.01.2016 as under:- Appellant Shah Muhammad Convicted U/S. 302(b), PPC and sentenced to undergo Imprisonment for life. He was also held liable to pay Rs.100,000/- as compensation under Section 544-A Cr. P.C. to the legal heirs of deceased. In default thereof, to further undergo simple imprisonment for six months. Convicted U/S. 337-A(i), PPC and sentenced to two years R.I. and was burdened to pay Daman of Rs.20,000/-. Appellant Muhammad Mansha Convicted U/S. 337-F(ii), PPC and sentenced to three years R.I. and was burdened to pay Daman of Rs.25,000/-. Sentences of appellant Shah Muhammad were ordered to run concurrently and benefit under Section 382-B,…

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