Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Qatl-e-amd---Appraisal of evidence---Complainant was fully supported by the injured witness, whose presence on the spot could not be doubted because of injuries on his person---None of the said two witnesses had any enmity with the accused to falsely charge him in the case, where five persons had been killed---Accused was named in the F.I.R. to be armed with a hatchet and he had caused a hatchet blow to the deceased on the left side of his shoulder---Medical evidence had corroborated the ocular testimony---Abscondence of accused for more than one year had further corroborated the eye-witness account---Prosecution had brought home the charges against the accused, whose sentence of death had already been converted into imprisonment for life by the High Court---Appeal of accused was dismissed in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Syed Ali Imran, D.P.G., Punjab for the State. Date of hearing: 5th January, 2010. JUDGMENT TARIQ PARVEZ KHAN, J.---Nine persons including Muhammad Akram appellant were accused in case F.I.R. No. 224 dated 20-9-1998 registered at Police Station Tarkhani, District Faisalabad. Charge against them was made by Irshad Ahmad (P.W.11) for the murder of five deceased namely (1) Mst. Naziran Bibi, (2) Lal Din Khan (3) Mumtaz (4) Ijaz Ahmad and (5) Muhammad Sharif. They were also charged for causing injuries to Muhammad Aamer and Mushtaq Ahmad (P.W.10). Since we are seized of the appeal of Muhammad Akram appellant alone and facts given in the F.I.R. instant case are very lengthy for it is attributing individual role to different accused, we will confine the narration of facts given in the F I.R. to the extent of role given to the present appellant. 2. According to the F.I.R. and evidence of the two eyewitnesses, Muhammad Akram appellant is charged for causing death of Ijaz Ahmad deceased. He is alleged to have caused death by giving 'kulhari' (hatchet) blow to Ijaz Ahmad on his clavicle region. According to the record, eight co-accused of the present appellant were tried separately and vide judgment dated 26-11-1999 were different sentences including death sentence…

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