Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Consumption of reasonable time in reporting the incident to police, rather its being deferred till the death of the deceased was indubitable---Presence of eye-witnesses at the scene of occurrence had been proved---Medical evidence had supported the ocular version---Prosecution had fully proved its case against the accused without any doubt---Conviction of accused, thus, was maintained---However, delay of two days in lodging the F.I.R. was not reasonably explained by the prosecution---Accused was not directly or indirectly connected with the motive---Prosecution evidence qua all co-accused had been disbelieved and they had been acquitted---Iron rod used by the accused, normally, was not treated as the weapon of offence---Occurrence was not the outcome of deep rooted enmity---Accused had given a solitary blow despite having command to repeat the same---Sentence of death of accused was commuted to imprisonment for life in circumstances. JUDGMENT MAZHAR IQBAL SIDHU, J.---This judgment will dispose of the above-captioned appeal filed by Tasawar Hussain appellant as well as above-captioned murder reference for confirmation of his death sentence or otherwise, who was convicted and sentenced by the learned Additional Sessions Judge, Gujranwala in a private complaint brought by Rana Gulzar Ahmad (complainant) (P.W.5) under sections 302/ 148/149/109 of Pakistan Penal Code, vide impugned judgment dated 29-3-2006. Infra conviction and sentence was imposed on the appellant:- Under section 302(b) of Pakistan Penal Code Death as Taazeer along with compensation of Rs.1,00,000 under section 544-A, Cr.P.C. payable to the legal heirs of deceased Muhammad Iqbal and in default whereof simple imprisonment for six months. 2. Initially in this case, First Information Report No. 378 of 2004 (Exh. PE/1) dated 10-9-2004 was registered on the statement of Rana Gulzar Ahmad (P.W.5) under sections 302/147/148/109 of Pakistan Penal Code at Police Station Sadar Kamonke, District Gujranwla. 3. Feeling dissatisfied/ aggrieved with the investigation, the complainant had instituted the private complaint being…

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