Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 439

(a) Penal Code (XLV of 1860)  S. 302-[Murder-case]-Trial Judge examining ocular evidence of eye-witnesses with care and finding them consistent, direct and without material contradiction and accepting same as trustworthy and independent-Trial Judge rightly appreciating testimony of prosecution witnesses-Examination of appellant's statement of facts as to his plea of self-defence in juxtaposition and in relation to circumstances of case and preponderant probabilities leaving High Court in no doubt as to plea of self-defence being reasonably possible and true-Prosecution, held, established its case beyond reasonable doubt-Appeal against conviction dismissed. Safdar Ali v. The Crown P L D 1953 F C 93 Muhammad Aslam v. The Crown P L D 1953 F C 115 ; Shahmir alias Shamla v. State P L D 1958 S C (Pak.) 242; Kazi Sirajuddin v. Misbahul Islam P L D 1977 S C 14 Sabu and another v. The State P L D 1966 Kar. 637 ; Waloo and others v. The State P L D 1970 Kar. 677 ; Yaqub Shah v. The State P L D 1976 S C 53 and Muhammad Iqbal alias Jawed Iqbal v. The State P L D S C 291 ref. (b) Criminal Procedure Code (V of 1898)  S. 439-Enhancement of sentence-Murder not cold-blooded and premeditated but a case of sudden attack on deceased on a chance meeting-Prosecution not coming out with a convincing motive for murder-Lesser sentence (life imprisonment), held, justified in circum stances--Penal Code (XLV of 1860), S 302.--[Sentence]. Abdul Ghani v, The Stare 1977 P Cr. L J 377 rel. Dates of hearing : 17th, 18th and 19th July 1978.                                                                                                                 JUDGMENT I. MAHMUD, J.--Criminal Appeal No. 213/1976 has been filed by appel lant, Mamoo alias Matka son of Shabrat Qureshi, against his conviction by the Sessions Judge, Tharparkar at Mirpurkhas, vide his judgment dated 10th August 1976, under section 302, P,…