Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Conviction and sentence--Challenge to--Qatl-e-Amd--Conflict in ocular version and medical evidence--Acquittal of co-accused--Appreciation of Evidence--Benefit of doubt--Acquittal of--Fatal shot is attributed to appellant, whereas co-accused is assigned a club blow to complainant--Motive for crime is dispute over distribution of water--Co-accused were acquitted from charge--According to PW-6 appellant made two successive shots on deceased, first landing on right arm, while second hitting back; PW-7 took same position--Both of them are in a diametrical conflict with position taken in crime report wherein appellant is assigned solitary shot landing on deceased's chest--Statement of Doctor/PW-3, who noted an entry wound on posterior aspect of left shoulder; bullet exited from chest valve; second fire shot was on right upper arm with its corresponding exit--This is not in line with prosecution case--Both witnesses have been duly confronted with their deviation from previous statements--Acquittal of co-accused went without challenge--Prosecution case is fraught with doubts--Appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Rustam Ali was shot dead at 4.00 p.m. on 14.9.2008 within the remit of Police Station Mecloed Gunj. Incident was reported by his father Muhammad Bilal. Besides Mansab Ali, appellant, Muhammad Ahmad, Muhammad Mazhar, Muhammad Wahid, Muhammad Saleem, Muhammad Ismail, Muhammad Ifrahim, Muhammad Yousaf and Muhammad Tahir, differently armed were arrayed as accused in the crime report. Fatal shot is attributed to the appellant, whereas Muhammad Yousaf accused is assigned a club blow to the complainant. Motive for the crime is dispute over distribution of water. The accused claimed trial which resulted into appellant's conviction under clause (b) of Section 302 of Pakistan Penal Code, 1860 with penalty of death by a learned Additional Sessions Judge vide judgment dated 17.3.2010; co-accused were acquitted from the charge. A learned division bench of Lahore High Court vide impugned judgment dated 19.2.2014 maintained the conviction, however altered the penalty of death into…

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