Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-Amd--Conviction and sentence--Challenge to--Deceased was first examined and MLC sans details of condition--Surprisingly without injury statement and a police docket issued after the injured had already been examined--Deceased was brought by individuals other than mentioned in crime report--Four brothers have been aligned in crime report, each armed with a club and taking on the deceased--Solitary wound proved fatal--Prosecution had cast a wider net merits serious consideration--A deaf and dumb member of petitioner’s family has been acquitted who received an injury during the brawl in his head--Appeal allowed. JUDGMENT Qazi Muhammad Amin Ahmed, J.- The petitioner, alongside his brothers, namely, Muhammad Akram, Muhammad Aslam and Nazar Hussain, stands convicted by a learned Additional Sessions Judge, vide judgment dated 15.06.2011, for committing Qatl-i-amd of Mushtaq Ahmad, 45, at 9:00 a.m. on 15.10.2010 within the precincts of Police Station Saddar Vehari in the backdrop of a dispute over turn of water; he was sentenced to death while the remainders to imprisonment for life; the High Court altered penalty of death into imprisonment for life while acquitting the co-convicts from the charge vide impugned judgment dated 26.01.2017. Incident was reported by deceased’s widow Khurshid Bibi (PW-7) in the DHQ Hospital at 10:35 a.m; she was statedly present with the deceased while irrigating the field when the accused, armed with clubs, confronted them within the view of Javed Abbas and Fateh Sher PWs. Muhammad Akram exhorted his companions whereupon the petitioner dealt the deceased a club blow on his head; as he felled on the ground, the co-accused thrashed him with multiple blows; commotion attracted the neighbourhood whereupon the accused took to the heels. The injured was medically examined 10:07 a.m. at D.H.Q. Hospital Vehari where he was brought by his cousin Nazeer Hussain; relevant column sans reference to police docket, however, the name of a PQR as Mumtaz Ahmed is mentioned therein. The medical officer, after receipt of a fee of Rs. 200/-examined him to find a swelling measuring 8 cm x 10 cm on…

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