Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302(b)---Qatl-e-amd---Appreciation of evidence---Promptly lodged F.I.R. had eliminated the chances of fabrication and consultation and further confirmed the presence of the complainant and other prosecution witnesses at the scene of crime---Fatal injury on the person of the deceased specifically attributed to accused was fully supported by medical evidence---Crime empties secured from the spot were found to have been fired from the pistol recovered at the instance of the accused---Chance of mistaken identity of accused had been eliminated by the broad daylight occurrence---Case of accused was not at par with that of the two acquitted co-accused, as the role of accused was independently supported by ocular testimony which stood corroborated by medical evidence as well as by the recovered three crime empties found to have matched with the pistol of accused---Accused after his grievance having already been redressed, had taken the law in his hands and committed the murder of the deceased---Taking private revenge could not be considered as a mitigating circumstance in the matter of sentence---Conviction and sentence of death of accused were affirmed in circumstances. Ali Khan v. The State PLD 1980 SC 109 and Muhammad Aslam alias Chhachhi v. The State 1982 SCMR 1029 ref. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Sentence---Mitigating circumstance---Private revenge---Taking a private revenge as a mitigating circumstance in the matter of sentence was not permissible. Ali Khan v. The State PLD 1980 SC 109 ref. Sahibazad Farooq Ali and Altaf Ibrahim Qureshi for Appellant. Syed Mukhtar Masood Bukhari, DDPP for the State. Nemo for the Complainant. JUDGMENT SARDAR TARIQ MASOOD, J.---Appellant Muhammad Ilyas along with Altaf Hussain, Allah Rakha, Bashir Ahmad and Muhammad Nawaz co-accused was tried by the learned Additional Sessions Judge, Mailsi in case F.I.R. No. 92 dated 2-4-2005 registered under sections 302/109/34, P.P.C. at Police Station City Mailsi District Vehari. The learned trial Judge vide judgment, dated 30-9-2005 convicted the appellant under section 302(b), P.P.C. and sentenced him to death. He was…