Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.----S. 302(b)---.---Qatl-i-amd---.---Reappraisal of evidence---.---After recording of the FIR, the statement of deceased, then injured, was recorded in the hospital in presence of the complainant, which was thumb impressed by the witnesses and attested by the doctor---.---Occurrence was witnessed by the complainant, and two eye-witnesses, who in their statements, recorded in the court, narrated the same version as given in the FIR---.---Accused had admitted his presence at the spot and also admitted firing a single fire shot at the deceased but raised the plea of self-defence, however, he did not produce any evidence to support such plea---.---Accused did not even appear as a witness to record his statement on oath to establish his plea of self-defence---.---Conviction of accused under S. 302(b), P.P.C. was maintained in circumstances---.---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---.---Occurrence had taken place at the spur of the moment due to sudden provocation without any pre planning and pre-meditation---.---Accused fired a single fire shot at the deceased without repeating same---.---Accused had no motive to murder the deceased---.---Death sentence awarded to accused was reduced to imprisonment for life in circumstances---.---Appeal was partly allowed accordingly. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, JUSTICE The instant appeal with the leave of the Court is directed against the judgment dated 14.11.2006 of the Lahore High Court, Lahore whereby it dismissed the criminal appeal of the appellant and answered the murder reference, sent by the trial Court, in the affirmative. 2. The facts in brief of this case are that appellant-Zafar Iqbal alias Zafarullah Khan had allegedly committed the murder of one Matiullah son of Ghulam Muhammad on the allegation that some cattle had entered the wheat crop of the appellant and caused damage to the same. When Matiullah (decd.) went forward to round-up the cattle, the appellant, armed with Danda, reached…

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