Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Prosecution case was primarily structured upon ocular account furnished by deceaseds son and another witness---Deceaseds son being resident of the house in front whereof the deceased was engaged by the assailants could be safely viewed as a natural witness; and he was not expected to swap the assassins of his father with innocent persons---Both the witnesses confidently furnished graphic details of the incident; and despite being subjected to lengthy cross-examination, both firmly held the ground---Although inclusion of abettors and three unknown aids in the crime was a suspect circumstance, nonetheless, it did not decisively reflect upon culpability of accused persons, which was independently established by confidence inspiring evidence---Plea of false implication raised by accused persons when seen in light of medical evidence merited outright rejection---Petition for leave to appeal was dismissed and conviction and sentence of imprisonment for life imposed on the accused persons was maintained. ORDER QAZI MUHAMMAD AMIN AHMED, J.--- Javed Iqbal, 40/41, was shot dead in front of his house located within the precincts of Police Station Sitara District Sialkot at 7:30 p.m. on 30.10.2009; the incident was reported by his son Aitzaz Ahsan (PW-8) 9:30 p.m. at Civil Hospital Daska; he blamed the petitioners for the crime in the backdrop of a dispute, raging over immovable property on the instigation of Nasrullah and Zulfiqar Hussain, since acquitted. Three unknown accomplices taking shelter in the dark, presumably aiding the crime, are off the scene till date. According to the complainant, on the fateful evening, the deceased was watering the bricks when Ziaullah petitioner armed with a .12 caliber repeater shotgun accompanied by Waheed Anwar petitioner with a .44 caliber rifle surprised him within the view of the witnesses; the latter opened the assault with a burst followed by the former, landing on the different parts of his body; gasping for life, he was rushed to Civil Hospital; where after a brief struggle, he succumbed to the injuries. The petitioners stayed away from law and…

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