Law: Pakistan Penal Code, 1860

Section: 302,302(b),324,337-F(iii),374

Law: Criminal Procedure Code (V of 1898)

Section: 161,174,340,342(2),382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Appreciation of evidence--Quantum of sentence--Sentence converted--Reappraisal of entire prosecution evidence establishes the fact that the prosecution has succeeded in proving the charge against the appellant through direct, circumstantial and medical evidence--No major contradiction or dishonest improvement has been pointed out by the defence counsel in the statements of prosecution witnesses--The recovery of empties of pistol and T.T. pistol from the place of occurrence coupled with the matching of the same with each other has given sound foundations to the case of prosecution--Trial Court has discussed and dilated upon each and every aspect of the case and rightly convicted the appellant--The citations so referred by the defence counsel are distinguishable in facts and circumstances of the instant case--So far as the quantum of sentence i.e. Capital punishment of death is concerned, do not find in agreement ourselves with regard to the same--Prosecution has failed to establish the motive behind the occurrence and the facts and circumstances of the case would show that though the prosecution has successfully established the charge, but the complainant party has tried to camouflage the actual facts from the court--However, it has come on record that prior to incident some altercation had taken place in between the parties--Moreover, the appellant is in old age is of 72 years, thus under the peculiar circumstances of the case it would be unjustified to award capital punishment of death to the appellant--While upholding the conviction of convict-appellant under Section 337-F(iii), P.P.C. and under Section 302(b), P.P.C., his sentence under Section 302(b), P.P.C. is converted into R.I. for life. 2008 SCMR 917 ref. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.- This common judgment disposes of Criminal Appeal No. 328 of 2016 and Murder Reference No. 07 of 2016. The Criminal Appeal No. 328 has been filed by the appellant Tareen alias Bado son of Shareen alias Dunia, against the judgment dated 15th October 2016 (hereinafter referred as, "the impugned judgment") passed…

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