Law: Pakistan Penal Code, 1860

Section: 148,149,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 148 & 149--Criminal Procedure Code, 1898, S. 382-B--Sentence--Capital Charge--Daylight Occurrence--Chances of pre concert or remediation--Ocular account--Co-accused of appellant who were ascribed active role during occurrence, inasmuch as fire shot by Sadaqat hit deceased on his left thigh, were acquitted on basis of compromise--All these circumstances justify reduction in quantum of sentence of appellant from death to imprisonment for life--For foregoing, instant criminal appeal is partly allowed--Conviction of appellant under Section 302(b) PPC is upheld, however, his sentence of death is converted into imprisonment for life. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, J.- Convict-appellant Imtiaz @ Taji, after a regular trial, was convicted by the trial Court under Section 302(b) PPC and sentenced to death, besides being convicted and sentenced to different terms of imprisonment, under some other penal provisions, as enumerated in Para 1 of the impugned judgment. The learned High Court dismissed the appeal filed by the appellant and maintained his conviction and sentence under the capital charge, thereby answering the murder reference in the affirmative. However, his convictions and sentences under Sections 148, 324 PPC read with Section 149 PPC were set aside. Thereafter; the appellant filed a jail petition, wherein leave was granted by this Court on 20.11.2017. The criminal petition filed by the complainant was ordered to be heard along with criminal appeal arising out of jail petition. 2. Prosecution case against the appellant, as divulged from the contents of FIR, registered on the statement of complainant Tariq Ejaz (PW-10) is that on the fateful day and time, he was present with his father Ejaz Ahmad (deceased) at General Bus Stand, Hafizabad, where the latter was a General Manager. The appellant armed with .244 bore rifle along with his co-accused carrying their respective fire-arms came there Naukar Hussain raised a lalkara. The appellant made a fire with his rifle, which hit on the belly of Ejaz Ahmad. The fire shot by co-accused Sadaqat hit Ejaz Ahmad on his left thigh. During…

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