Law: Pakistan Penal Code, 1860

Section: 34,109,341,302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 341, 109 & 34--Conviction and sentence--Challenge to--Modification of death sentence into life imprisonment--Appellant made a straight fire with his rifle which landed on front side of chest who after sustaining injury fell down on ground and succumbed to injury at spot--Crime empties were received in laboratory four days after arrest of appellant--No other litigation was pending between both parties prior to this occurrence--No motive for appellant to commit murder of deceased--No cogent evidence, could be produced by prosecution to prove same--Defence furnished by appellant to effect that actually he was aggressed upon and he sustained injuries during occurrence and that deceased sustained fire-arm injury at hand of PW is concerned, medical officer, district jail, was examined as CW by trial Court--Medical officer, has not given duration of scars of wounds available on person of appellant when he was examined--After his four months stay in jail and about five months of occurrence--Injuries been sustained by appellant at time of occurrence at hands of prosecution witnesses, it cannot be expected that after occurrence and murder, they would have let him leave place of occurrence in an injured condition especially when PW (since given up), as per defence version, was having rifle in his hand--Appellant remained fail to plausibly substantiate defence taken by him hence, same is brushed aside--Observation regarding evidence of recovery of crime weapon and evidence of motive coupled with facts that appellant caused only a single fire shot and that all co-accused have been acquitted by trial Court while no appeal against their acquittal has been filed either by state or complainant, are mitigating circumstances persuading us to award alternate legal sentence of imprisonment for life provided u/S. 302(b), PPC; to appellant that in our view shall meet ends of justice--Appellant under Section 302(b), PPC is maintained but his sentence is altered from death to imprisonment for life--Appeal was dismissed. 2014 SCMR 1034, ref. THIS JUDGMENT DELIVERED BY: SYED SHAHBAZ ALI RIZVI, J.- This judgment shall dispose…

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