Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---No motive had been assigned to accused for commission of crime---No empty cartridge was recovered from the place of incident by the police---Ocular testimony was not corroborated by any independent evidence---Accused had fired a single shot and did not repeat the same---Accused had remained in jail for more than seven years---Conviction of accused was maintained, but his sentence of death was altered to imprisonment for life in circumstances. Ansar Ahmad Khan Barki v. The State 1993 SCMR 1660 and Allah Ditta v. The State 2007 YLR 811 ref. JUDGMENT IMAM BUX BALOCH, JUSTICE:---.--- Appellant Rajib Ali was convicted and sentenced to death by learned 1st Additional Sessions Judge, Larkana in sessions case No.183 of 1996 arising out of Crime No.37 of 1996 Police Station, Hyderi Larkana registered for offence falling under section 302, P.P.C. The brief facts of the prosecution case are that on 8-6-1996 complainant Shahid Hussain Mirani lodged F.I.R. at Police Station Hyderi, alleging therein that on the day of incident he along with his friend Ali Gul Chano came at his shop and after chitchatting they were going towards open plot. Complainant was followed by Ali Gul when at about 2030 hours they were in front of shop of Ghaffar Muhajir complainant heard gun fire which hit Ali Gul who by raising cry fell down. Complainant also raised cries which attracted P.Ws. Muhammad Bachal Mirani, Asif Ali Mirani, Nisar Ahmed Korai. They saw accused Rajib Ali armed with gun was standing and ran away towards Ghulam Bhutto. The electric bulbs were on and due to fear the complainant did not chase the accused. Thereafter, the complainant and P.Ws. went over Ali Gul and found him lying dead having firearm injuries. Then complainant leaving the above P.Ws. over the dead body of deceased Ali Gul left for Police Station Hyderi and lodged the F.I.R. The prosecution to prove its case examined Dr. Ghulam Muhammad, who produced postmortem report; P.W. Tapedar Sher Muhammad, who produced sketch of wardat; complainant Shahid Hussain, who produced F.I.R; P.W. Nisar Ahmed, who produced his statement under section…

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