Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.----S. 302(b)---.---Qatl-i-amd---.---Reappraisal of evidence---.---Occurrence took place in broad daylight and was reported to the police with due promptitude as the FIR was registered just one hour after the occurrence---.---Ocular account was furnished by brothers of the deceased, and they were cross-examined by the defence at length but they remained consistent on all material aspects of the case---.---Even otherwise present case was a case of a single accused and substitution in such like cases was a rare phenomenon as normally kith and kin of the deceased (in present case real brothers) would not implicate an innocent person by letting off the real culprits---.---Both the witnesses of ocular account were present at the spot and had witnessed the occurrence---.---Ocular account was substantially supported by medical evidence---.---Prosecution case stood proved against the accused beyond any shadow of doubt and his conviction under S. 302(b), P.P.C. was fully justified---.---Appeal was partly dismissed accordingly. (b) Penal Code (XLV of 1860)---.--- ---.----S. 302(b)---.--- Qatl-i-amd---.--- Reappraisal of evidence---.--- Sentence, reduction in---.---Mitigating circumstances---.---Vague motive was set up in the FIR---.---Evidence with respect to motive was furnished only by the complainant, who during his cross-examination admitted that the motive incident did not take place in his presence, and that he did not remember who told him about the said motive incident---.---Complainant also admitted that there was no enmity with the accused---.---Absence of previous enmity between the parties and a vague motive set up by the complainant, which could not be proved at trial, were mitigating circumstances to reduce the death sentence awarded to the accused---.---Sentence of death awarded to accused was altered to imprisonment for life in circumstances---.---Appeal was partly allowed accordingly. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Arshad Beg (appellant) was indicted in case FIR No.194/2001 dated 26.09.2001 offence under section 302, P.P.C., registered at Police Station Tanda, District Gujrat.…

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