Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-i-amd--Conflict ocular account and medical evidence--Statements of PW's confronted with previous statements--Appreciation of evidence--Benefit of doubt--Acquittal of--Fatal shot is attributed to the appellant--co-accused were acquitted by the trial Court--According to the ocular version, appellant made two successive shots, first on the right arm and second hitting the back--In crime report, solitary shot on the chest--Medical officer noted an entry wound on the posterior aspect of left shoulder and bullet exited from the chest valve; the second file shot on right upper arm with its corresponding exit--Conflict ocular account and medical evidence--Both witnesses confronted with their deviation from previous statements--En bloc acquittal of co-accused on the same evidence is yet another predicament facing the state--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 imprisonment for life. 2. Prosecution case is structured upon ocular account. According to Muhammad…

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