Law:

Section:

RAJA AFRASIAB KHAN, J.---Ahmad Nawaz (25) son of Noor. Hussain and Ahmad Gul (14) s/o Ghulam Muhammad were tried by the learned Punjab Special Court for Speedy Trial No.VlIl, Sargodha under section 302/307/353/34, P.P.C. Vide judgment dated 21-9-1988 Ahmad Nawaz was convicted and sentenced to death plus a fine of Rs.30,000 and in default thereof to undergo rive years' R.I. under section 302 , P.P.C. In case of recovery of fine, it was ordered that a sum of Rs.20,000 shall be paid to the legal heirs of the deceased as compensation under section 544-A, Cr.P.C. He was also convicted and sentenced to two years' R.I. plus a fine of Rs.5,000 or in default to undergo further three months' R.I. under section 353, P.P.C. Similarly, he was convicted and sentenced to four years' R.I. plus a fine of Rs.10,000 or in default thereof to suffer further one year's R.I. under section 307, P.P.C. The co-accused Ahmad Gul was acquitted by the learned trial Judge by giving him the benefit of doubt vide the same Judgment. The convict has challenged his conviction and sentence by riling this appeal through Jail which shall be disposed of by this judgment.

. 2. Shortly stated the facts are that a dacoity took place at Unarwali Bus Stand and in this connection the police party was chasing Ahmad Nawaz and Ahmad Gut accused and encircled them near Basti Oadanwali at about 11-30 a.m. Ahmad Nawaz was armed with a .303 Rifle while his co-accused Ahmad Gut was armed with a .12 bore gun. The complainant Zulfiqar, Saff Ullah,, Ghulam Abbas, Allah Bakhsh, Fateh Sher and Abdur Rehman had come to village Umarwali to attend a marriage ceremony there. On the request of the Police party, the aforesaid persons also joined them in order to apprehend the accused. The co-accused Ahmad Gut crossed a local canal and succeeded in running away while the appellant indulged in firing at the Police party. The fire made by the appellant hit Abdul Rehman and on receipt of injury he fell down and died at the spot. The appellant ran away from the spot. The occurrence was witnessed by the aforementioned witnesses.