Law:

Section:

(a) Penal Code (XLV of 1860)----S. 302--Conviction based on testimony of injured complainant whose presence at spot could not be doubted--Such testimony was corroborated by recovery of crime weapon--Reappraisal of evidence-declined by Supreme Court. (b) Constitution of Pakistan (1973)- ---Art. 185(3)--Penal Code (XLV of 1860), S. 302--Criminal Procedure Code (V of 1898), S. 382-B--Benefit of S. 382-B, Cr. P.C. granted subject to payment of fine to heirs of deceased as compensation-­Conviction under Ss. 302 & 324, P.P.C.--Sentence of death reduced to that of imprisonment for life but fine enhanced on appeal--Leave to appeal against conviction dismissed and prayer for grant of benefit under S. 382-B, Cr.P.C. allowed subject to his paying enhanced amount of fine to heirs of deceased as compensation before expiry of his sentence. ORDER ASLAM RIAZ HUSSAIN, J.--Muhammad Anwar petitioner was tried and convicted for the murder of Muhammad Aslam and was sentenced to death and a fine of Rs.1,000. On appeal the High Court reduced his sentence of death to that imprisonment for life but enhanced the sentence of fine from Rs.1,000 to Rs.20,000. 2. Briefly the prosecution story is that at about 5-30 p.m. on the date of occurrence Muhammad Aslam deceased and the complainant were cutting fodder for their animals in their Haveli. Sardar Ali accused and his son Muhammad Anwar accused came at the door of the Haveli. Sardar Ali accused called Ghulam Hussain and Muhammad Aslam deceased to come out. Both the persons when came out of their Haveli, Sardar Ali accused held Muhammad Aslam deceased from his Collar and gave him 2/3 slaps, saying that how Muhammad Aslam deceased dared to complain about cutting sugarcane. He also asked his son Muhammad Anwar to teach him a lesson. On hearing this, Muhammad Anwar accused gave two Chhuri blows to Muhammad Aslam deceased. He also gave a blow to Ghulam Hussain, P.W. 1. On hearing the alarm, Bashir, Yaqub and Anwar P.Ws. came to the spot and witnessed the occurrence. They rescued the…

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