Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(ii) & 449---Qatl-e-amd, attempt to commit qatl-e-amd, causing hurt, house trespass---Appreciation of evidence---Presence of eye-witnesses at the scene of occurrence was established---No previous enmity of the related witnesses with the accused was available on record to dub them as inimical witnesses---Medical evidence and positive report of Forensic Science Laboratory had corroborated the prosecution version---Eight years' long abscondence of accused had not been reasonably explained---Motive stood fully established---Ocular testimony was consistent, reliable and trustworthy---Convictions and sentences of accused were maintained, except the sentence of death---Motive for the occurrence related to absconding co-accused but the same had been unlawfully attributed to accused by Trial Court---Co-accused were still absconders, but the total responsibility of firing the fatal shots put on the accused by Trial Court did not appeal to reason, and this benefit must go to accused---Death sentence awarded to accused under S.302(b), P.P.C. was converted into imprisonment for life in circumstances. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324, 337-F(ii) & 449---Qatl-e-amd, attempt to commit qatl-e-amd, causing hurt, house trespass---Appreciation of evidence---Related witnesses---Credibility---Principle---Mere relationship of a witness with deceased would not diminish his testimony as doubtful in the absence of any allegation of enmity between him and the accused, sufficient enough to dub him as an interested witness, and that too when his evidence is found trustworthy and reliable. JUDGMENT WAQAR AHMAD SETH, J.---This Criminal appeal is directed against the judgment dated 28-6-2011 passed by the learned Additional Sessions Judge-I, Mardan, whereby, Fazal Mir, appellant herein was convicted under section 302(b), P.P.C. and sentenced to Death as 'Tazir' with compensation of Rs.2,00,000 within the meaning of section 544-A of the Cr.P.C.; convicted under section 324, P.P.C. and sentenced to five years rigorous imprisonment with a fine of Rs.30,000 and in default thereof, to suffer further three months…

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