Law:

Section:

Penal Code (XLV of 1860)--- S. 302 read with Criminal Procedure Code (V of 1898), S. 382 t­ Reconciliation-Sentence-Widow of deceased, deceased's mother and maternal uncle (complainant) identified by Chairman, Union Council appearing before Supreme Court, filing signed/thumb-marked state­ment to support fact of complainant having compromised matter and received Rupees, seventy thousands from accused appellant's father in satisfaction and as compensation-Compromise also stated to be voluntary and deceased's relatives having forgiven appellant-State counsel not opposing giving of benefit of S. 382-B to appellant­ Lesser, sentence under S. 302, Penal Code- 1860, held, sufficient in circumstances of case-Sentence of death reduced to one of imprison­ment for life but sentence of fine in terms awarded by trial Court maintained.-[Sentence] Muhammad Bashir v. State P L D 1982 S C 139 ref. JUDGMENT M. S. H. QURESHI, J.--This appeal is directed against the judgment of the Lahore High Court, dated 17-2-1980, whereby the appellant's appeal against his conviction under section 302, P. P. C. and the sentence of death and fine of Rs. 5,000 or in default in payment thereof, R. 1. for two years, recorded by the trial Court, had been dismissed and the death sentence had been confirmed. 2. The case against the appellant, Muzaffar Mustafa alias Zafar Ali, was that he had on the 7th July 1978 at 10 a.m. attacked Abdul Karim deceased near the Bus-Stand Mahand within P. S. Channogoth, District Bahawalpur, and inflicted two chhuri injuries which proved fatal. The appellant, who had fled the scene, was arrested the next day and blood-stained shirt and chaddar were recovered from his person while a blood-stained chhurri was recovered from his house at his pointing. During the trial, only Muhammad Ishaq (P. W. 4) supported the case of the prosecution while the other eye-witnesses, namely, Ghulam Yasin (P. W. 1), Abdur Rehman (P. W. 2) and Nazir Ahmad (P. W. 3), did not support for the admitted reason that the parties had compromised the matter. The bus-Conductor Abdur Razzaq (P. W. 5) and bus-cleaner Manzoor Ahmad (P. W. 6) also examined by the prosecution…

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