Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Acquittal of co-accused, assigned no role whatsoever, did not cast its shadows to possibly space an exit to the accused, who armed with hatchet fatally stabbed the deceased, a circumstance that convincingly conjoined medical evidence with ocular account furnished by three witnesses, who unanimously pointed their fingers upon the accused---Testimony of said witnesses did not suffer from any serious infirmity or flaw reflecting upon credibility of the deponents---Accuseds long absence from law was yet another aspect that intriguingly reflected upon the hypothesis of his innocence---Courts below had rightly relied upon the prosecution evidence to return and uphold a guilty verdict against the accused that called for no interference---Petition for leave to appeal was dismissed and leave was refused. JUDGMENT QAZI MUHAMMAD AMIN AHMED, J.--- Safdar Shah, 30 and his brother Iqbal Shah, 35, were done to death at 8:00 a.m. on 15.4.2003 within the precincts of Police Station Qaim Pur of District Bahawalpur. The petitioner and his brother Zia Shah (since P.O.), no other than their paternal nephews, along with their father, were arrayed as accused in the crime report lodged by deceaseds brother Ayyaz Hussain Shah (PW-1) at 11:00 a.m. According to the complainant, his father had forsaken his son Ashiq Shah for being disobedient and, thus, also withheld his share in the property and in this backdrop, his sons assaulted the deceased with an hatchet and club on the fateful day. The accused absconded after the occurrence, Zia Shah, being still away from law till date, however, the petitioner was arrested on 24.1.2006 to contest indictment that resulted into his conviction vide judgment dated 25.02.2010; convicted on two counts under clause (b) of Section 302 of the Pakistan Penal Code, 1860, he was sentenced to death and imprisonment for life respectively; the High Court maintained the conviction, however, altered penalty of death into imprisonment for life vide impugned judgment dated 27.05.2014, pre-trial period inclusive, vires whereof, are being assailed through captioned jail petition,…

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