Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)/34--- Qatl-e-amd--- Appre­ciation of evidence---Complainant and other two eye-witnesses of the occurrence had remained unshattered during lengthy cross-examination---Accused had the motive to commit the murder of the deceased for taking the revenge of the murder of his father---No contradictions or discrepancies could be pointed out in Prosecution evidence---Eye-witnesses being related to both the parties had no reason for false implication of accused in the case---Ocular testimony was in conformity with medical evidence as well as recovery evidence---Empty bullets and empty cartridges were recovered from the place of occurrence---Ocular evidence was trustworthy and inspired confidence---Conviction and sentence of accused were upheld in circumstances. JUDGMENT IMAM BUX BALOCH, J.---By this judgment we propose to decide Criminal Appeal No.D-42 of 2007. The appellant through this appeal assailed the judgment dated 22-1-2007 passed by the learned Special Judge, STA, Larkana convicting and sentencing the accused to suffer R.I., for life for offence punishable under sections 302(b) and 34, P.P.C. F.I.R. No.9 of 2001 was registered at Police Station Naudero, District Larkana on 13-2-2001 at 1730 hours. Complainant was one Moula Bux son of Karim Bux Jarwar, he stated that about 7/8 years back, Muhammad Paryal son of Umed Ali Jarwar was murdered and in the said case he was challaned. Thereafter, Imdad Ali was saying that he will take revenge of his father. Today he along with his brother Ali Gul jointly left their house and were going towards hotel for taking tea. Abdul Rasheed son of Muhammad Jaffar, Abdul Hakeem son of Rasooi Bux and Abdul Aleem son of Muhammad Moosa by caste Jarwar r/o Khan Wah were coming on their backside. When they both brothers at about 1700 hours, reached at the plot of Noor Muhammad his brother Ali Gul was 6/7 paces ahead from him. They saw that from the Otaq of Imdad Ali, the accused Imdad Ali son of Muhammad Paryal, Muhammad Sharif son of Qadan by caste Jarwar, Ahmed Ali son of Hamz Ali, Muhammad Bux son of Ali Muhammad by caste Jarwar came out. The accused Imdad Ali and Ahmed Ali were having…

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