Law:

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Penal Code (XLV of 1860)-------S. 302(b)/34---Qatl-e-amd---Appraisal of evidence---Sentence, reduction in---Concurrent findings of guilt and conviction of accused by the courts below were unexceptionable---Police station being 13 km away from the place of occurrence and the deceased being a Head Constable, delay of 24 hours in lodging the F.I.R. was strange and the explanation therefor might not be tenable---No crime empty was recovered from the spot--Despite the deceased had remained alive in the hospital for more than 33 days, Investigating Officer had only made one attempt to record his statement in the beginning and not thereafter---Conviction of accused was maintained, but his sentence of death was converted into imprisonment for life in circumstances. Muhammad Zaman Bhatti, Advocate Supreme Court for Appellant. Raja Shahid Mahmood Abbasi, D.P.G., Punjab for the State. Date of hearing: 23rd October, 2009. JUDGMENT TASSADUQ HUSSAIN JILLANI, J.---Appellant along with two others were tried in the case (registered vide F.I.R. No. 29 dated 11-2-1997 at Police Station Dijkot, Faisalabad). In terms of the judgment of the learned trial Court dated 30-3-2002, all the three accused were convicted and sentenced as under: (i) Azmat @ Lambru under section 302(b)/34, P.P.C. Sentence to death with a compensation of Rs. 50,000 payable to the legal heires of the deceased Tariq Farooq or in default of payment thereof to under,go S.I. for six months. (ii) Akhtar under section 302(b)/34, P.P.C. Sentence to life imprisonment with a compensation of Rs.50,000 payable to the legal heirs of the deceased or in default of payment thereof to undergo S.I. for six months. (iii) Arshad under Section 302(b)/34 PPC. Sentence to life imprisonment with a compensation of Rs.50,000 payable to the legal heirs of the deceased or in default of payment thereof to undergo S.I. for six months. 2. The learned High Court vide the impugned judgment dated 21-2-2007 while acquitting two co-accused confirmed the sentence of death of the appellant and dismissed his appeal. 3. The prosecution story as given in the impugned judgment is as under:-- "3. The brief facts as narrated in the F.I.R. (Exh.PJ/1.) by…

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