Law: Pakistan Penal Code, 1860

Section: 34,302,302(b),324

Law: Criminal Procedure Code (V of 1898)

Section: 382B,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/324/34--Conviction and sentence--Challenge to--FIR was registered after 2½ hours--Night time occurrence--Weapon and empties deposited on the same day at PFSA--Motive not proved--Appreciation of evidence--Sentence of death converted into life imprisonment--Appellant fired which hit on the back of head, umbilicus, left thigh, lift shin and left shoulder of the deceased while co-accused(since acquitted) was assigned the role of lalkara and ineffective firing on the PW--FIR was registered after 2½ hours--Doctor/PW stated before the trial court that injured persons(later on one deceased) brought the hospital by the complainant--so, there is no conscious or deliberate delay in reporting the matter--Complainant is the real brother of the deceased and other witness is the friend of the deceased, who is residing at the distance of 250 meters--PW's remained consistent on material aspects--Night time occurrence and no source of light mentioned by the complainant in FIR--Site plan which was prepared on the instructions and pointation of the PW's has shown 1000 watt rod and 200 watt bulb respectively--Five injuries by fire arm weapon--Probable time between death and postmortem as noted by doctor coincide with the ocular account--Recovery of weapon and positive report of FSL excludes from consideration by the appellate court due to reason of receiving on the same day--Specific motive was set up by the prosecution--Real cause of the occurrence has not been disclosed by either of the sides--prosecution remained far from being proved the motive--Sentence of death converted into life imprisonment. Duty of Prosecution-- ----When prosecution alleges something against the accused and then fails to prove the same, the premium of such failure must go to an accused person. THIS JUDGMENT DELIVERED BY: MANZOOR AHMAD MALIK, J.- The appellant-Muhammad Akram @ Akrai and his co-accused Imtiaz Ahmad faced trial in case FIR No. 245 dated 11.05.2001, offence under sections 302, 324, 34, P.P.C., registered at Police Station Shahdara Town, Lahore. On conclusion of trial, the learned trial Court, vide its judgment dated 09.03.2004, convicted…

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