Law: Pakistan Penal Code, 1860

Section: 300,302(b)(c)

Law: Criminal Procedure Code (V of 1898)

Section: 173,340(2),342,382B,544A

Evidentiary value-- ----Empties and weapons--Law is settled by now that empties and weapons sent after arrest of appellant carries no evidentiary value. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(c)--Conviction and sentence--Challenge to--Conviction u/S. 302(b) Converted into S. 302(c), PPC--To invoke provision of Section 302 (c), PPC, ingredients of Exception 4 to (erstwhile), Section 300, PPC should be proved--In order to attract provision of Exception 4 to erstwhile Section 300, PPC, it is not only to establish that case was one of sudden fight taking place without any premeditation in heat of passion upon a sudden quarrel but it was also required as a necessary ingredient that offender must not have taken undue advantage or must not have acted in a cruel or unusual manner--This is a case in which provision of Section 302 (c), PPC clearly attracts, as observed above that present occurrence had taken place at spur of moment without premeditation and also appellant had fired only once upon deceased without repetition--Appeal was dismissed. 2016 SCMR 2035, PLD 1996 SC 274, 2014 SCMR 1178 & PLD 2015 SC 77, rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD WAHEED KHAN, J---.--- This judgment shall dispose of Criminal Appeal No. 30-J of 2016 filed by appellant Mumshad @ Irshad @ Shadoo (against his conviction and sentence), Criminal Appeal No. 181 of 2016 filed by the complainant Niaz Ahmad (against acquittal of co-accused of appellant/Respondents No. 1 to 4) and M.R. No. 06 of 2016 forwarded by the learned trial Court for confirmation of death sentence awarded to appellant Mumshad @ Irshad @ Shadoo or otherwise, as all these matters have been arisen out of the same judgment dated 21.12.2015 passed by the Addl. Sessions Judge, Okara in case FIR No. 559/2010 dated 15.11.2010 registered u/S. 302/324/148/149, PPC at Police Station Basirpur, Tehsil Depalpur, District Okara. Learned trial Court after conclusion, convicted and sentenced the above named appellant Mumshad @ Irshad @ Shadoo as under: Under Section 302(b), PPC awarded Death sentence. He was also ordered to pay Rs. 2,00,000/- as compensation to the legal heirs of deceased Riaz Ahmad under Section…

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