Law: Pakistan Penal Code (PPC),1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-Amd--Motive cut both ways--Occurrence had taken place after dark and no independent proof--Acquittal of--Occurrence in this case had taken place after dark and no independent proof had been produced by the prosecution regarding availability of electric light at the spot--Motive set up by the prosecution was based upon land dispute--Said motive cut both ways--On the basis of same statements made by the eyewitnesses, co-accused had been acquitted by the courts below--12 co-accused attributed the role of causing injuries to the deceased and had been acquitted--Appellant caused injury on the skull of the deceased with the said ‘Sota’ and the same had also been recovered from his possession--Appellant was not confronted with the said piece of evidence at the time of recording his statement under section 342 Cr.P.C--Witnesses found to be false in a material aspect are not to be trusted regarding other aspects they have deposed about--He is acquitted of the charge.    [Pp. 134, 135] A, B, C, D, E PLD 2019 SC 527 ref. Mr. Zulfikar Khalid Maluka, ASC and Syed Rifaqat Hussain Shah, AOR for Appellant. Ms. Memoona lhsan-ul-Haq, DPG for State. Date of hearing: 13.3.2025. Judgment Muhammad Hashim Khan Kakar, J.--The appellant, Ghulam Mustafa, was convicted under Section 302(b), PPC and sentenced to death along with an order to pay compensation of Rs. 200,000/- to the legal heirs of the deceased, Faiz Ahmed, under Section 544, Cr.P.C. and in default thereof to further undergo SI for six month. He was also convicted and sentenced under Sections 149, 324, 337, and 452, PPC. Being dissatisfied, the appellant filed Criminal Appeal No. 281/2012 before the Lahore High Court, Bahawalpur Bench, which was dismissed by means of the impugned judgment whereby his conviction under Section 302(b), PPC was maintained, however, his sentence was altered from death to imprisonment of life. 2.       According to the prosecution, on the fateful day at about 8/9 p.m. the complainant, Mumtaz Ahmed, along with his brother, Faiz Ahmed, and sons, Mazhar Abbas, Fayyaz, Riaz, and…