Law: Penal Code (XLV of 1860)

Section: 302 , 304

  Penal Code (XLV of 1860)-- ---- Ss. 302 & 304, Part 11 --- Appreciation of evidence --- EYe-witnesses, although closely related to deceased, had no motive to falsely implicate the accused-- Ocular account stood corroborated by medical evidence, recovery of blood stained dagger at the instance of accused and the evidence of motive --- Conduct of deceased in leaving the hospital against medical advice, however, had also contributed to his death ---Doctor who conducted autopsy did not say that the injuries suffered by deceased were sufficient in the ordinary course of nature to cause death --- Conviction of accused under S.302, P.P.C. was altered to S.304, Part 11, P.P.C. in circumstances and he was sentenced to 10 years' R.I. with fine. Kh. Sarfraz Ahmad for Appellant. Ishfaq Bokhari for the State. Date of hearing: 2nd March, 1993. JUDGMENT SH. IJAZ NISAR, J.---Mazhar Masood (23) son of Maqsood Ahmad was tried for the murder of Aziz Ahmad (21). By judgment dated 28-7-1990, the learned Addl. Sessions Judge, Sialkot convicted him under section 302, P.P.C. and sentenced him to death and to pay a fine of Rs. 10,000 or in default to undergo one year R.I. The fine, if recovered, was ordered to be paid to the legal heirs of the deceased. He has appealed. This judgment will dispose of the appeal filed by Mazhar Masood and the reference for the confirmation of the death sentence awarded to him. The prosecution case -is that on 14-7-1988 at about 6.30 a.m. Aziz Ahmad deceased accompanied by his father Ayyaz Azim Ullah P.W3 went to the fields to ease themselves. When they were coming back they found Mazhar Masud appellant sitting at a culvert. As soon as, the deceased neared him, the appellant attacked him from behind with a dagger 'and caused injuries to him on the left shoulder and left buttock. The occurrence was witnessed by Ayyaz Azeem Ullah P.W. 3, Mukhtar Ahmad P.W. 4 and Muhammad Nawaz (not examined). After causing injuries to the   deceased, the appellant made good his escape. The deceased was brought in an injured condition to Civil Hospital, Pasroor where he was medically examined. He remained admitted in the hospital till 24-7-1988 where…