Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Benefit of doubt---Ocular testimony furnished by related eye-witnesses having no motive for false implication of accused being consistent on each and every point, was trustworthy and inspired confidence---Motive asserted by prosecution was true---Promptly lodged F.I.R. containing the names of eye-witnesses, names of accused with their specific roles and even the motive, had eliminated the chance of fabrication and consultation---Medical evidence, wilful abscondence of accused and recovery of pistol supported by positive report of the Forensic Science Laboratory, had corroborated the ocular account of occurrence---Confession of one accused at the trial was nothing but an afterthought and an attempt to frustrate the prosecution version---Convictions and sentences of accused were maintained in circumstances; however, co-accused who was the brother of main accused and had been found innocent during investigation, appeared to have been involved due to said relationship and he was acquitted on benefit of doubt accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S.103---Penal Code (XLV of 1860), S.302(b)---Qatl-e-amd---Search to be made in presence of witnesses of the locality---Scope---Section 103, Cr.P.C. is applicable only where search is to be made by the police officials of a house or place, but it is not applicable where an accused himself leads and gets recovered something. Sahibzada Farooq Ali for Appellant. Malik Muhammad Rafiq Khokhar, D.A.G. for the State. Badar Raza Gillani for the Complainant. Date of hearing: 1st March, 2010. JUDGMENT SARDAR TARIQ MASOOD, J.---Three persons namely Muhammad Yaseen, Riaz Hussain alias Munay Shah and Ashiq Hussain were tried by the learned Additional Sessions Judge, Burewala District Vehari in case F.I.R. No.163, dated 12-6-2002 registered under sections 302/34, P.P.C. at Police Station Saddar Burewala for the murder of Imtiaz Ahmad Tahir. The learned trial Judge vide judgment, dated 11-9-2003 convicted and sentenced the appellants as under:-- (i) Muhammad Yaseen appellant He was convicted under section 302(b), P.P.C. and…