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Penal Code (XLV of 1860)-------Ss. 302(b)/34 & 337-F(ii)---Constitution of Pakistan, Art.185---Qatl¬-e-amd and causing 'badi'ah'---Reappraisal of evidence-Improvement was found in the statement of the complainant---Cause of occurrence and motive for the same was trivial---Defence version as given by accused in response to question under S.342, Cr.P.C. was completely different which was a clear shift in the stance of the complainant, who changed his own version as to the seat of injury attributed to accused---Other eye-witnesses attributed to accused chhuri blows hitting at the abdomen of the deceased---Chest injury was stated to have been caused by co-accused who was given lesser penalty by the High Court---Co¬-accused who was attributed the fatal injury hitting the chest of the deceased had been given life imprisonment; while the accused who caused the injury hitting the deceased at abdomen, was to face extreme. penalty of death, which was incongruous situation---Lesser penalty given to co-accused had not been assailed---Both, accused and co-accused had been found guilty and convicted, but variation of sentence had engaged attention of the court---When the complainant had changed his stance from the one given by him in the F.I.R. and the testimony of other eye-witness being inconsistent, with each other, accused, did not deserve the penalty of death in such a state of evidence led by the prosecution---Death sentence awarded to accused, was altered to life imprisonment, which would meet the ends of justice, in circumstances. M. Javed Aziz Sandhu, Advocate Supreme Court for Appellant. M. Siddique Khan Baloch, D.P.G, Punjab for the State. Date of hearing: 28th September, 2009. JUDGMENT SAYED ZAHID HUSSAIN, J.---Mushtaq Hussain, his two brothers namely Niaz Hussain, Riaz Hussain (sons of Lal Din) and their father Lal Din were tried by the learned Additional Sessions Judge, Lahore, for the commission of offence under sections 302, 324, 34, 337-F(i), 337-F(ii) and 337-A(i), P.P.C., i.e. qatl-e-amd of Shafaaqat Ali. Vide judgment dated 16-1-2002, Mushtaq Hussain and Niaz Hussain were found guilty and were convicted under section 302, P.P.C. and sentenced to…

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