Law: Pakistan Penal Code (PPC),1860

Section: 302(b), 324, 336, 337-A(i)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b), 324, 336, 337-A(i)--Qatl-e-amd--Conviction and sentence--Motive--Recovery--Medical evidence--Quantum of sentence-- Recovery of last worn clothes of appellant and Churri on pointing out of appellant from graveyard being open place is not believable--If evidence of motive and recovery is excluded from consideration, even then prosecution has Proved its case beyond shadow of doubt against appellant through evidence--Some mitigating circumstances; firstly, co-accused have been acquitted; secondly, recovery of Churri has been disbelieved by us with reasons mentioned in para 11 of this judgment, and thirdly motive story has also been disbelieved by with reasons mentioned in para 9 of this judgment--It is not determinable in this case as to what was real cause of occurrence and as to what had actually happened immediately before occurrence which resulted into present unfortunate incident--Appeal dismissed.                                             [Para 11, 13 & 14] A, B & C 2014 SCMR 1227. M/s. Ch. Muhammad Saeed Machra and Mehar Noor Hussain Maloka, Advocates for Appellant. Mr. Adnan Latif Sheikh, DPG for State. M/s. Muhammad Bilal Butt, Sanaullah Khan Tareen and Hammad Afzal Bajwa, Advocates for Complainant. Date of hearing: 3.9.2024. Judgment Sadaqat Ali Khan, J.--Appellant (Nauman alias Nomi) along with his co-accused i.e. Miraj alias Maju, Kamran alias Kami, Imran alias Mani and Robina alias Rubi (since acquitted) has been tried by the trial Court in case FIR No. 462 dated 28.05.2017 in offences under Sections 302, 324, 34, 109, 337-F(i), 337-A(i), 337-F(iv) and 334, PPC Police Station Mumtazabad, District Multan, and was convicted and sentenced vide judgement dated 21.03.2019 as under: Nauman alias Nomi (appellant) U/S. 302(b), PPC   Sentenced to DEATH as Tazir for committing Qatl-i-Amd of Imran (deceased) with compensation of Rs. 3,00,000/- payable to legal heirs of…