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Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Qatl-e-amd--Sentence--Re-appraisal of evidence--Ocular account--Recoveries and motive--Repeated fire shots--Ocular account coupled with motive--Question of-Whether presence of eyeWitnesses at spot was established and whether testimony was credible and believable--Validity--Prosecution witnesses were not present at place of occurrence at relevant time, rendering their testimony unworthy of reliance--All PWs produced by prosecution were closely related to complainant--It is true that evidence of a close relative cannot be discarded merely on ground of relationship with deceased or complainant provided it rings true and finds support from an independent source but in instant case ocular account is in contradiction with medical evidence--Evidence produced by prosecution could not be made basis for recording conviction--Prosecution stood failed to prove charge against accused beyond reasonable doubt--Appeal was allowed. [P. 142] A, B & C THIS JUDGMENT DELIVERED BY: CH. MUSHTAQ AHMAD, JUSTICE:---.--- Appellant Riaz Ali was tried by learned Additional Sessions Judge, Burewala in case FIR No. 173 dated 11.07.1997 under Sections 302, 34, PPC; registered at Police Station Saddar Burewala District Vehari. 2. On conclusion of trial, he was convicted and sentenced as under: Convicted u/S. 302(b) read with Section 34, PPC and sentenced to death on three counts with payment of Rs. 1,00,000/- on three accounts under Section 544-A, Cr.P.C. to be payable to the legal heirs of each deceased and in case of default in payment thereof, to further undergo simple imprisonment for six months on each count. 3. As per FIR, case of prosecution is that Rasheed Ahmad complainant used to drive a Rickshaw on rent. On 11.07.1997, at about 07.00 P.M., he returned home from Burewala city and parked his rickshaw at the corner of house. Manzoor Ali s/o Khushi Muhammad Ansari (co-accused since acquitted) came there alongwith herd of goats and gave abuses to complainant for closing the passage by parking his rickshaw on the road. Complainant responded in the same tone. Manzoor holding the complainant from collar, slapped him. On…

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