Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 374,382B,544A

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Firearm injury specifically attributed to accused on the back of the deceased's right shoulder was supported by the postmortem report---Ocular account was corroborated by medical evidence---Eye-witnesses had no motive to falsely implicate the accused in the case and they had remained consistent on material points during cross-examination---Trial Court had rightly relied upon the ocular testimony---Counsel for the accused had not seriously challenged the conviction and had prayed for reduction in his sentence---What happened immediately before the occurrence, was not brought on record---Motive for the incident could not be proved---Accused had not repeated the fire---Prosecution witnesses had made exaggerations about the involvement of other acquitted accused in the case---Conviction of accused was maintained, but his sentence of death was converted into imprisonment for life in circumstances. THIS JUDGMENT DELIVERED BY: IJAZ AHMAD CHAUDHRY, J.--- Amjad Farooq appellant was convicted under section 302(b), P.P.C. as Taz'ir vide judgment dated 22-2-2005 rendered by the learned Additional Sessions Judge, Sahiwal and sentenced to death for committing 'qatl-e-amd' of Riaz Ahmad deceased with direction to pay a sum of Rs.1,00,000 to the legal heirs of the deceased by way of compensation under section 544-A, Cr.P.C. and in default of payment thereof to undergo six months' S.I. However, through the same judgment, co-accused namely, Mushtaq Ahmad and Sarfraz were acquitted of the charges by the learned trial court while extending benefit of doubt to them. Amjad Farooq appellant has challenged his conviction and sentence before this Court through Criminal Appeal No.126 of 2005 while Allah Ditta petitioner-complainant has preferred Criminal Revision No.117 of 2005 for enhancement of compensation amount and both these matters have been heard by us along with Murder Reference No. 212 of 2005 sent by the learned trial court under section 374, Cr.P.C., seeking confirmation of the sentence of death passed by the learned trial court against Amjad Farooq appellant. We…

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