Law: Penal Code (XLV of 1860)

Section: 302 , 307

  Penal Code (XLV of 1860)-- ---- Ss. 302 & 307 --- Appreciation of evidence --- Ocular testimony was in conformity with medical evidence --- Motive behind the occurrence and the recovery of incriminating articles had been proved on record --- Prosecution witnesses were not shown to have any animus against the accused --- Plea of alibi raised by accused had not been established on record --- Conviction of accused was maintained in circumstances. Penal Code (XLV of 1860)-- ---- S. 302 --- Sentence, mitigation of --- Accused in a sudden flare up without premeditation having no control on hi ' s passions gave a hatchet blow to the deceased and did not repeat the same --- Sentence of death awarded to accused was altered to imprisonment for life in circumstances.- [Sentence]. Muhammad Asif Khan and Farrukh Mahmood for Appellant. Nazir Ahmad Bhatti for the State. Date of hearing: 1st February, 1993. JUDGMENT MIAN ABDUL KHALIO, J.---This appeal assails the judgment of the learned Sessions Judge, Rahimyar Khan, dated 9-4-1991, by which the appellant was convicted under section 302, P.P.C. for committing the murder of deceased Mithal Khan and was sentenced to death plus fine of Rs. 5,000 in default whereof to suffer R.I. for one year. He was also directed to pay Rs.5,000 as compensation to the heirs of the deceased, in   default whereof to undergo R.I. for one year. He was. also convicted under section 307, P.P.C. for murderous assault on P.W.9 Mst. Bhirawan and was sentenced to suffer R.I. for 5 years, plus payment of fine of Rs. 1,000 as compensation to P.W.9 Mst. Bhirawan and in case of default in its payment to undergo further R.I. for 3 months. The co-accused Phuloo Khan was convicted under section 323, P.P.C. and sentenced to a period -of his detention as under trial from 28-2-1989 to 3-5-1989 and also to pay a fine of Rs. 500 in default whereof to suffer S.I. for fifteen days. He -was also directed to pay Rs. 500 to Mehar Khan as compensation, or in default thereof to suffer further S.I. for fifteen days. Phuloo Khan has not riled appeal against his conviction and Muhammad Sharif, co-accused was acquitted of the charge. The trial Court has sent…