Law:

Section:

Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Time of occurrence, manner of occurrence and the number of injuries had been duly substantiated by the prosecution---Prosecution version had been supported by the recovery of the "Chhuri", weapon of offence---Accused was found guilty in investigation---Accused under the garb of being an influential character had attempted to molest a child of tender age just to fulfil his illicit lust and ultimately killed him---Age of accused being 20 years could not be made a basis for bringing his case within the ambit of mitigation of sentence in view of his callous and ruthless conduct and sentence of death awarded to accused was most appropriate in circumstances---Appeal was dismissed accordingly. Muhammad Javed and 2 others v. The State 1985 MLD 673 and Muhammad Mushtaq v. The State 1973 SCMR 219 ref. Ch. Ijaz Akbar for Appellant. Qazi Zafar Iqbal Addl. Prosecution-General for the State. Date of hearing: 14th April, 2010. JUDGMENT SAYYED MAZAHAR ALI AKBAR NAQVI, J.---Muhammad Shabbir alias Chairman son of Muhammad Younis was involved in case F.I.R. No. 67 of 2003, dated 3-5-2003, registered with Police Station Nur-Kot, District Narowal, under section 302, P.P.C., at the instance of Muhammad Arshad son of Niamat Ali with the allegation of causing death to Muhammad Irshad aged about 12 years, son of the complainant. During the course of investigation, the appellant was found involved in this case and was declared guilty. Resultantly, he was placed in column No.3 of the report prepared under section 173, Cr.P.C. The challan in this case was sent to the Court of Session en routed through learned Illaqa Magistrate under section 190(2), Cr.P.C. The learned Additional Sessions Judge, Shakargarh, District Narowal, vide judgment, dated 12-10-2004, convicted the appellant under section 302(b), P.P.C. and sentenced him to death as Tazir. He was ordered to pay Rs.2,00,000 as compensation to the legal Heirs of the deceased as provided under section 544-A, Cr.P.C. and in default whereof, to suffer further S.I. for six months. 2. The appellant being aggrieved by the judgment of the learned…