Law:

Section:

Penal Code (XLV of 1860)--- ----S.302(b)---Appreciation of evidence---According to F.I.R. and ocular testimony hatchet was used' in the occurrence but deceased, according to his post-mortem report, had not suffered even' a single injury with sharp-edged weapon---Complainant had never stated in the F.I.R. that hatchet was used from its wrong side---No injury was noticed on the person of the deceased even with a firearm---Big conflict, thus, existed between ocular account and medical evidences-F.I.R. had been lodged after a delay of sixteen hours---Eye-witnesses were not present on the spot at the time of occurrence, who were false witnesses and they had falsely involved the accused in the case---Accused was acquitted in circumstances. Walayat Umar Chaudhry for Appellant. Rana Bakhtiar Ali, D.P.-G. for the State. Malik Mukhtar Ahmad Khokhar, for the Complainant. Date of hearing: 20th August, 2009. JUDGMENT KHAWAJA MUHAMMAD SHARIF, C.J.---This judgment will dispose of Criminal Appeal No. 101-J of 2004 filed by Muhammad Riaz, appellant, who was convicted and sentenced by learned Additional Sessions Judge, Depalpur vide impugned judgment, dated 12-3-2004 to undergo Imprisonment for life under section 302(b), P.P.C. with further direction to pay Rs. 50,000 as compensation to the legal heirs of the deceased or in default six months' R.I. with the benefit of section. 382(b), Cr. P. C. 2. Brief facts of the case as narrated by complainant Allah Ditta son of Khushi Muhammad are that he along with his father Khushi Muhammad were employed with Rao Muhammad Aslam. On 17-8-2001 at 8/9-00 p.m. he along with his father Khushi Muhammad and P.Ws. Allah Ditta son of Gulzar and Sharif were on their way to irrigate the maize crop. When they reached near chari crop owned by Muhammad Sharif at Mauza Jujj, accused Muhammad Sharif armed with pistol .30 bore and Riaz Ahmad having hatchet emerged from the crop. Muhammad Sharif raised Lalkara that they would teach a lesson for abusing and slapping Shazia Bibi. Then Riaz Ahmad made a hatchet blow, which hit on left back side of head bf Khushi Muhammad. His second blow hit back side of his right ear. Khushi Muhammad fell down on…