Law: Pakistan Penal Code, 1860

Section: 302,324,34

Law: Criminal Procedure Code (V of 1898)

Section: 342

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 324 34--Sentence--Challenge to--Interested witnesses--Ocular account--Testimony cannot be rejected only on ground of their relationship with deceased--Eye-witnesses were accompanying deceased and their presence at place of occurrence was natural--It was a day-light occurrence--Parties were previously known to each other--Presence of complainant at place of occurrence alongwith witness and other members of barat was proved on record. Medical evidence-- ----Injuries were anti-mortem in nature caused by fire-arm weapon--As per report of bullets which were recovered from spot matched with gun used by appellant--Defence could (not point out any mala fide or ill-will on part of prosecution--Medical evidence corroborated ocular account furnished by PWs. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Motive--Dispute of demanding Rishta in his statement recorded under Section 342, Cr.P.C. admitted dispute with regard to Rishta with accused--However, no one had appeared on behalf of prosecution to establish that accused had ever demanded hand of sister for his son--Therefore, trial Court recorded finding that motive part of alleged incident was not proved on record. Re-appraisal of evidence-- ----Benefit of doubt--Prosecution had proved charge against appellant beyond any shadow of doubt--Therefore, well-reasoned impugned needs no interference by High Court. Appeal was dismissed. JUDGMENT Ch. Mushtaq Ahmad, JUSTICE.- The instant appeal filed in terms of Section 410, Cr.P.C. is aimed at calling in question the vires of judgment dated 19.01.2012 passed by learned Additional Sessions Judge, Multan in case FIR No. 368/2007 dated 10.11.2007 under Sections 302, 324, 34, PPC registered at Police Station New Multan. Muhammad Iqbal, (appellant) was convicted and sentenced as mentioned hereunder:-- 1. Under Section 302(b), PPC and sentence him for life imprisonment with direction to pay compensation of Rs. 100,000/- to the legal heirs of deceased Muhammad Aslam or in default thereof to further undergo six months simple imprisonment. 2. Under Section 337-F(iii), PPC for causing fire-arm on thigh of Allah Rakha and…

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