Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302(a)/34---Qatl-e-amd---Appreciation of evidence---Sentence, reduction in---Alleged occurrence was result of a previous altercation between the deceased and the accused who stabbed the deceased in the chest while he was allegedly caught hold by his arms by two co -accused---In order to cause a single injury with knife, there was no need to catch hold of the victim by co-accused as they themselves could have been hit by the blow of the accused---Co-accused, in circumstances, were given benefit of doubt; their conviction was set aside and they were acquitted of the charge as no motive was alleged against them---Prosecution had proved its case against the accused by recovery of blood-stained knife and corroboration of ocular evidence by the medical evidence---Held, in view of extenuating circumstances viz. insult suffered by accused at the hands of deceased, non-repetition of the blow; no previous enmity having been established, conviction of the accused was maintained under S.302(b), P.P.C., but his death sentence was converted to imprisonment for life with benefit of S.382-B, Cr.P.C.---Reference was answered in the negative. Muhammad Tariq Dhamial for Appellants. Waqar Azim Siddiqui for the Complainant. Sh. Muhammad Munir, DPG for the State. Date of hearing: 7th April, 2010. JUDGMENT KHAWAJA MUHAMMAD SHARIF, C.J.---This judgment will dispose of Criminal Appeal No. 40 of 2005 filed by Abdul Jalil and Criminal Appeal No.23 of 2005 filed by Shakeel and Iftikhar appellants. They were convicted under section 302(b) read with section 34, P.P.C. for committing the qatl-e-amd of Muhammad Ihsan vide judgment, dated 31-1-2005 rendered by learned Additional Sessions Judge Attock and sentenced as under: Abdul Jalil. Death and to pay Rs.1,00,000 as compensation, in default to undergo' R.I. for six months. Shakil and Iftikhar Ahmad. Imprisonment for life and to pay compensation of Rs.1,00,000 each in default six months' R.I. with the benefit of section 382-B, Cr.P.C. Murder Reference No.124 of 2005 for confirmation or otherwise of death sentence of convict Abdul Jalil and Criminal Revision No.19 of 2005 filed by the complainant for…