Law: Pakistan Penal Code, 1860

Section: 34,302(b),324

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 34---Qatl-i-amd, attempt to commit qatl-i-amd, common intention---Reappraisal of evidence---Accused had been attributed firearm injury on the person of the deceased---Ocular account was supported by the medical evidence, therefore, the accused was rightly convicted by the courts below---Appeal to the extent of conviction was dismissed accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Sentence, reduction in---Mitigating circumstances---No deep rooted enmity existed between the parties and motive behind the occurrence was that the accused's side had purchased some landed property from a party and they had asked the brother of the complainant to arrange the amount of advance paid towards said transaction---According to the contents of the FIR the occurrence had started after exchange of abuses---Recovery of weapon at the instance of the accused was inconsequential as no report of Forensic Science Laboratory qua the said weapon was available on record---Conviction recorded against accused was maintained however his sentence of death was reduced to imprisonment for life---Appeal was partly allowed accordingly. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Saif Ullah (appellant) has assailed the judgment of the Lahore High Court dated 16.01.2007 whereby Criminal Appeal No. 350 of 2001 filed by the appellant against his conviction and sentence was dismissed by a learned Division Bench of the Lahore High Court maintaining the sentence of death awarded to the appellant by the Additional Sessions Judge Faisalabad in case FIR No. 53/1998 dated 16.02.1998 offence under sections 302, 324, 34, P.P.C. registered at Police Station Thekriwala, District Faisalabad. The compensation amounting to Rs.25,000/- (rupees twenty five thousand only) ordered by the learned trial court and the sentence of simple imprisonment in default thereof was also maintained. 2. In this case, leave was granted on 25.02.2009 in the following terms:- "Inter alia, contends that the learned High Court proceeded to decide the petitioner's appeal, confirming the death sentence,…

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