Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302(b), 397/392 & 411---Qatl-e-amd, robbery with attempt to cause death or grievous hurt, dishonestly receiving stolen property--Appreciation of evidence--F.I.R. was not lodged at the time and place as asserted by the complainant, rather it was lodged after building up a case by consultations and deliberations and post mortem examination of the deceased had been conducted after such extraordinary delay---Prosecution was not definite about the time of occurrence---Complainant and other eye-witnesses were closely related to the deceased and have no enmity with the accused, but they had failed to establish their presence at the scene of occurrence---Reason advanced by eye-witnesses for accompanying the deceased at the time of incident was falsified by the evidence on record---Prosecution witnesses were not present at the spot and occurrence had not been committed in the manner as alleged by the prosecution---Occurrence admittedly had taken place at night time and in the given situation accused could not be identified by the prosecution witnesses---Ocular evidence was not in line with medical evidence---No crime empty having been secured by police from the spot, recovery of Carbine from one accused was of no use for prosecution---Recovery of pistols from other accused was of no consequence, as the same were not used by them during the occurrence---Amounts recovered from accused were not established during investigation to be the same as robbed by them during the incident---Accused were acquitted in circumstances. JUDGMENT SARDAR MUHAMMAD SHAMIM KHAN, J.---This judgment will dispose of Criminal Appeal No.3 of 2007 filed by Noor Muhammad convict, Criminal Appeal No.114 of 2007 filed by Rab Nawaz, convict Criminal Appeal No.40 of 2007 filed by Muhammad Rafique, convict against the judgments dated 21-12-2006 passed in case F.I.R., No.443 of 2004 dated 27-11-2004, under sections 302, 397, 411 and 34 of PPC, Police Station City, Shujabad, District Multan, whereby the appellants were convicted by learned Addl. Sessions Judge, Multan as under:-- Noor Muhammad, appellant was convicted under 302(b), P.P.C. and sentenced to Death and…

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