Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302 (b)---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Case was of promptly lodged F.I.R.---Single injury caused to the deceased, which proved fatal, was attributed to the accused---Weapon of offence i.e. sickle was recovered from the accused---Accused had admitted his presence at the spot and he also admitted his grappling with the deceased, but had stated that sickle had fallen down and deceased fell on the sickle and was injured---Such part of version of accused was totally unbelievable---Occurrence in the case, however had taken place at the spur of the moment---Case was not that of premeditated murder and the weapon of offence was also unconventional; and further, it was a case of single injury---Case, in circumstances, was not that of capital sentence---Conviction of accused under S.302(b), P.P.C. as well as the compensation, were maintained, but the death sentence was altered to life imprisonment. JUDGMENT KHAWAJA MUHAMMAD SHARIF, C.J.---This judgment will dispose of Criminal Appeal No.37-J of 2006 filed by the appellant namely Muhammad Rafique sdn of Muhammad Ismail, who was convicted and sentenced by the learned Sessions Judge, Kasur, through the impugned judgment dated 28-3-2005, as under: -- "Death Sentence, under section 302(b), P.P.C. and to pay compensation of Rs.50,000 under section 544-A, Cr.P.C. to the legal heirs of the deceased and in default of payment of compensation to further undergo S.I. for six months." Murder Reference No.250 of 2005 for confirmation or otherwise of death sentence awarded to the appellant shall also be replied through this single judgment. 2. The appellant was sent up to face the trial of case F.I.R. No.620 of 2003 dated 17-9-2003 registered under section 302, P.P.C. at Police Station Saddar, Kasur. The said F.I.R. was registered on the statement of the complainant namely Muhammad Tariq son of Arif Hussain. According to the complainant, he was cultivator by 'profession; he had some agricultural land adjacent to "Darbar Baba Bao Shaheed"; his father Arif Hussain was "Gaddi Nasheen" of the said "Darbar" since long; many people used to visit "Darbar Sharif" to offer…

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