Law: Pakistan Penal Code (XLV of 1860)

Section: 302/34

Pakistan Penal Code, 1860 (XLV of 1860)-- —Ss. 302/34--Murder--Offence of-Conviction and sentence-Challenge to~ FIR was promptly lodged-There was no question of mistaken identity because parties were well known to each other therefore, there is no question of false implication or substitution-Eye-witnesses were produced by prosecution whose statements were fully corroborated by medical evidence one appellant tried to give injury on person of deceased but he could not inflict same-While granting him benefit of doubt his sentence is set aside-Other two appellants were armed with lethal weapon with which they caused injuries to deceased-Their conviction is maintained-Appeal disposed of accordingly.                              [P. 477] A . Date of hearing: 28.1.2003.                                                                                                             judgment Kh. Muhammad Sharif, J.-This appeal is directed against the judgment of Addl. Sessions Judge-I Mianwali dated 9.12.1998 whereby Imtiaz Khan and Sami Ullah Khan accused were convicted under Section 302(b) PPC and sentenced to death and a compensation of Rs. 50,000/- each which were to be given to the legal heirs of Gulistan Khan and Ajeb Khan deceased under Section 544-A Cr.P.C. whereas Ahmed Khan appellant was also convicted under Sections 302(b)/34 PPC and sentenced to undergo life imprisonment with a fine of Rs. 50,000/- and in case of default the three appellants were ordered to further undergo. R.I. for six months. Ahmed Khan appellant was also given the benefit of Section 382-B Cr.P.C.     2: The facts briefly for the disposal of this appeal are that in the area of village Mochh, District Mianwali a volley-ball match was being played on 17.12.1993 near the…