Law: Penal Code (XLV of 1860)

Section: 302,393,34

Penal Code (XLV of 1860)--- ----Ss. 302, 393 34---Qatl-i-amd, attempt to commit robbery, common intention---Reappraisal of evidence---Formal FIR was registered on the same night of the occurrence and as such there was no delay in reporting the matter to police---Complainant and a prosecution witness who witnessed the occurrence appeared before the Trial Court and remained consistent on all the material aspects of the case and the defence remained unsuccessful in bringing on record any mala fide or ulterior motive on the part of prosecution witnesses for false implication of accused in the case---Test identification parade was conducted in the jail premises where the complainant and two other witnesses duly identified the accused---Prosecution also produced the Special Judicial Magistrate who conducted the identification proceedings to prove the same---Postmortem examination on the dead body of deceased and the nature of firearm injuries mentioned therein supported the case of prosecution---Prosecution had successfully proved its case against the accused beyond reasonable doubt---High Court had already taken a lenient view by converting sentence of death of accused into imprisonment for life, which in the circumstances of the case, met the ends of justice---Appeal was dismissed. JUDGMENT MANZOOR AHMAD MALIK, J. Muhammad Sohail alias Sohaila and Muhammad Ali alias Raju faced trial in case FIR No. 127 dated 21.04.2003, offence under sections 302 and 393, P.P.C. registered at Police Station Naulakha, Lahore. On conclusion of trial, the learned trial Court, vide its judgment dated 04.10.2005, convicted the appellant and Muhammad Ali alias Raju under section 302(b), P.P.C. and sentenced them to death for committing qatl-i-amd of Muhammad Asghar, with a direction to pay compensation of Rs.100,000/- each to the legal heirs of deceased, in default whereof to undergo SI for six months each. They were also convicted under sections 393/34, P.P.C. and sentenced to 07 years RI each, with fine of Rs.25000/- each, in default whereof to undergo SI for one year each. The appellant and his co-convict filed a joint criminal appeal against their convictions and sentences before…

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