Law: Penal Code (XLV of 1860)

Section: 302,404,34

Penal Code (XLV of 1860)--- ----Ss. 302, 404, 34---Qatl-i-amd, dishonest misappropriation of property possessed by deceased at the time of his death, common intention---Appreciation of evidence---Accused were charged for committing murder of the grand-daughter of the complainant by strangulation and fled away after removing the golden ear-rings of deceased---Complainant filed application for the enhancement of punishment---Scope---Record showed that the Trial Court gave reasons for awarding lesser sentence to the accused/respondents in its ---Not certain from the evidence on record as to who had specifically caused murder of the deceased---Apparently, the present and absconding accused persons in furtherance of their common intention strangulated the deceased and caused brick blows to the deceased---Such factor constituted a mitigating or extenuating circumstance justifying lesser punishment/sentence under S. 302(b), P.P.C., as Tazir---Plea of enhancement of the sentence of the accused in the case had no substance---While dismissing the revision application filed against the accused/respondents show-cause notice issued to them was vacated, in circumstances. Muhammad Riaz and another v The State and another 2007 SCMR 1413 rel. JUDGMENT ZULFIQAR ALI SANGI, J.---Through this criminal revision application, applicant/complainant has challenged the judgment dated 12.02.2019, passed by learned Sessions Judge, Jacobabad in Sessions Case No.393/2016 (Re: The State v. Ghulam Nabi and others), arising out of FIR No.59/2016 of P.S. C-Section Thull for offence under sections 302, 404, 34, P.P.C, whereby the learned trial court after conclusion of trial has convicted the respondents/accused under section 265-H(2), P.P.C and sentenced them to suffer R.I for life and to pay compensation of Rs.2,00,000/- each to be paid to the legal heirs of the deceased as envisaged under section 544-A, Cr.P.C and in case of default they shall further undergo R.I for six months each. Besides, accused Manthar son of Abdul Nabi was further convicted for the offence punishable under section 404, P.P.C. and sentenced to suffer R.I for the period of three years and to pay fine of Rs.20,000/- and in…

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