Law:

Section:

(a) Penal Code (XLV of 1860) S. 302-Murder-Appreciation of evidence-Observation made by trial Court with regard to suggestion put to prosecution witness that accused involved in case to do away with him as he wanted hand of daughter of deceased's son not substantially correct-Recovery of Sota from accused after three days without removing blood not probable and finding no corroboration from any other evidence-Eye-witnesses' account discarded not for good and cogent reason and discrepancies pointed out in their evidence and slight improvements made by them not mitigating evidentiary value of their statements in any manner Contention that eye-witnesses account cannot be relied, held, not sustainable. (b) Penal Code (XLV of 1860)-. ---- S. 302-Murder-Accused having no intention to murder-Motive alleged not making out case of development of inimical relationship so as to commit murder of real uncle -- Intention can be gathered from weapon used and acts done-Weapon of offence a Kikar Sota removed from Phuhara-Conviction altered from under S. 302 to one under S. 325, Penal Code and sentence of imprisonment reduced in circumstances. A. K. M. Reza and others v. State P L D 1958 Dacca 111; Muhammad Shar f and another v. The State 1972 P Cr. L 11259; Chainhal Singh v. Emperor A 1 R 1946 P C 1; Allah Ditta v. The State P L D 1958 S C 290; Abdul Gham and others v. The State P L D 1959 Dacca 944; Farid Khan v. The State P L D 1969 Pesh. 1; Muhammad Shafl and 3 others v. State P L D 1972 Lah. 661; Hussain Bakhsh v. The State 1971 P Cr. L J 1331; Sobdar and 3 others v. The State 1969 P Cr: L J 1473 ref: 1969 S C M R 644 rel, JUDGMENT Appellant Shamand alias Shaman (21) has been convicted by the Additional Sessions Judge, Sahiwal vide order dated 27-9-1980 for having committed the murder of Shah Muhammad son of Rehana and sentenced to imprisonment for life. He has also been sentenced to pay a fine of Rs. 5,000, in default whereof to suffer 2 years' R. 1. The fine, on realisation, has been directed .to be paid as compensation to the heirs of the deceased. 2 Muhammad Luqman complainant has filed Criminal Revision No. 1030 of 1980 for enhancement of sentence of the respondent.…

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