Law: Penal Code (XLV of 1860)

Section: 302(B),394,397

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 394 397--Conviction and sentence--Challenge to--Qatl-e-amd--Quantum of sentence--Modification in sentence--Murder reference--Both eye-witnesses injured PW5 and Doctor complainant PW6 have absolutely no grudge or ill-will to falsely implicate appellant in present case--They were cross-examined at length in their evidence could not be shaken during process of cross-examination--They corroborated each other on all material aspects of case--They have Established their presence at time of occurrence at place of occurrence with their stated reasons--Their evidence is straightforward, trustworthy and confidence inspiring--Medical evidence has been furnished by Doctor PW-9, who during postmortem examination firearm injuries on person of Adnan deceased attributed to appellant which were ante-mortem in nature and were sufficient to cause death in ordinary course of nature--This witness also identified signatures and hand writing of Doctor who had medically examined Adrian deceased in injured condition and injured PW5, medical evidence has fully supported ocular account furnished by above mentioned eye-witnesses--If evidence of recoveries are excluded from consideration, even then prosecution has proved its case beyond shadow of doubt against appellant through evidence discussed earlier--Now, coming to quantum of sentence, that positive report of PFSA for matching of pistol with crime empties and recovery of currency notes have been discarded, therefore, in these circumstances case of appellant is not of capital punishment--Conviction of appellant under Section 302(b), PPC for committing murder of deceased is maintained but his sentence is altered from death to imprisonment for life--Compensation and sentence in default thereof awarded by trial Court through impugned are maintained and upheld--Convictions and sentences of appellant on other heads awarded by trial Court are also maintained--All sentences shall run concurrently--Benefit of Section 382-B, Cr.P.C. is also given to appellant with modified of sentence, appeal was dismissed. [Pp. 355 357] A, B, C, D E 2020 SCMR 342 and 2008 SCMR 1644. Judgment Sadaqat Ali…

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