Law: Pakistan Penal Code, 1860

Section: 34/302(b)

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd--Appreciation of evidence---Arrival and presence of eye-witnesses on the spot at the crucial time had been established---According to mode of occurrence accused alone had murdered the deceased--Medical evidence had fullycorroborated the credible ocular account---Defence evidence had been directly controverted by medical evidence and the same had not even been verified by the Investigating Officer---Defence plea was an after thought and a delayed attempt to evade the consequences of the murder---Conviction of accused was, therefore maintained---Prosecution, however, had failed to prove the motive and it was not certain as to what had happened between the parties prior to the occurrence---Possibility of a chance encounter between the parties could not be ruled out---Death sentence of accused was reduced to imprisonment for life in circumstances. Noor Muhammad v. The State and another 2010 SCMR 97 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)/34--- Qatl-e-amd--- Apprecia tion of evidence---Accused being the relatives and team-mates of co-accused had been roped in the case to stop and discourage them to come to his rescue during investigation and trial---Act of allegedly holding the deceased by accused showed that they were not armed and they had not caused any injuries to the deceased---Motive as narrated by the complainant before the Investigating Officer could not be proved---Prosecution had failed to prove the case against accused and they were acquitted accordingly. THIS JUDGMENT DELIVERED BY: SHAHID HAMEED DAR, J.- Through this judgment we intend to dispose of Criminal Appeal No.1285 of 2005 tiled by Altaf Hussain alias Taafi and Muhammad Jamshed alias Pervez appellants accused and Criminal Appeal No.440 of 2005 filed by Amanat Ali alias Taju appellant-accused. 2. Through this consolidated judgment a Murder Reference No.164 of 2005 sent by the learned trial court shall also be answered. 3. The appellants-accused namely Muhammad Jamshed alias Pervez, Altaf Hussain alias Taafi and Amanat Ali alias Taju were prosecuted for the offence of murder of Muhammad Shahid son of the complainant in case F.I.R.…

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