Law: Penal Code (XLV of 1860)

Section: 302(6)

(a) Penal Code (XLV of 1860) S. 302(6)‑‑‑Appreciation of evidence‑‑ Sentence, reduction in‑‑‑Eye‑witness was not related to the deceased or the complainant and he was not even from the Bratheri of the deceased or the complainant‑‑‑Eye‑witness, in circumstances, was an. independent and reliable witness‑‑‑Occurrence had taken place in broad daylight and the matter was reported to the police promptly on the same day‑‑ Inquest report was prepared after registration of the F. I. R. and the doctor had also signed that report‑‑‑Duration between the time of death and‑ post‑mortem of the deceased also coincided with the time of occurrence which had left no room for doubt about the prosecution story which was legitimate‑‑ Crime empty though was not recovered from the spot, but the recovery of weapon of offence was of no avail when direct evidence involving the accused in the commission of the offence was available‑‑‑Accused having been proved to have committed the murder of the deceased, his conviction was maintained, but sentence of death awarded to the accused was converted into 'imprisonment for life. (b) Criminal trial  Decision on basis of special oath‑‑‑Cases were to be decided on the basis of evidence on record and not on the basis of special oath. Date of hearing: 6th June, 2001                                                                                                                                        JUDGMENT KHAWAJA MUHAMMAD SHARIF, J.‑‑‑This judgment will dispose of Murder Reference No. 158 of 1996 and Criminal Appeal No. 477 of 1996 filed by Latif Ullah, appellant, who was convicted and sentenced by learned Additional Sessions Judge, Mianwali, vide his judgment dated 26‑5‑1996 to death under section 302(6) P. P. C. for committing Qatal‑e‑Amd of Ghulam Rasool deceased with the further direction to pay…