Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Matter was promptly reported to the Police---Complainant who was real brother of accused was not an eye-witness to the occurrence, but matter was narrated to the complainant by the mother of both the complainant and accused---Mother of accused who was star witness, was inmate of the house where occurrence took place---Accused was seen by prosecution witnesses while coming out of the house, where occurrence had taken place, having Toka in his hand---Star witness and other prosecution witnesses who were nearly related to both accused and complainant or were Mohalladars of accused had no enmity with accused for his false implication---Ocular account was fully supported by the medical evidence to the extent of injuries to the deceased---Ocular account was further corroborated by the recovery of Toka at the instance of accused and positive reports of Chemical Examiner and that of Serologist---Non-mentioning of any motive for the incident was not material---Plea of 'Ghairat' as taken by counsel for accused and that same was covered by S.302(c), P.P.C., was not taken by accused in his statement recorded under S.342, Cr.P.C.---Even otherwise, nobody could be given a licence to kill an innocent person on the ground of so-called "Ghairat"---Case of accused did not cover under S.302(c), P.P.C.---Prosecution had fully proved its case against accused beyond any shadow of doubt---As accused had acted in a brutal and callous manner, there was no mitigating circumstance in the case---Accused had committed murder of his real sister by causing fourteen injuries with Toka on her body; he did not deserve any leniency---Murder Reference was answered in AFFIRMATIVE and sentence of death awarded to him was confirmed. JUDGMENT MANZOOR AHMAD MALIK, J.---This judgment shall dispose of Murder Reference No.569 of 2006 titled as "The State v. Muhammad Amir Raza" sent by the learned trial court under section 374, Code of Criminal Procedure. Muhammad Amir Raza was tried by the learned Additional Sessions Judge, Lahore in case F.I.R. No.617 dated 4-11-2003 registered under sections 302 and 34 P.P.C. at Police…

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