Law: Penal Code (XLV of 1860)

Section: 302,304

  Penal Code (XLV of 1860)--    --Ss.302 304, Part I--Ocular account of eye-witnesses, medical evidence and motive for offence suffering from material improvements and High Court had thoroughly sifted same--Satisfactory evidence existing to discard ocular evidence--Plea of defence of property raised by accused rightly accepted by High Court for sake of substantial justice--Order of high Court, converting conviction of accused from S. 302, .P.P.C. to,S.304, (Part I), Penal Code, and reducing his sentence of , death to ten years , rigorous imprisonment,  maintained in circumstances.            ORDER USMAN ALI SHAH, J.--This petition for leave to appeal is directed against the judgment and order dated 2-11-1987, passed by the Lahore High Court, Lahore, whereby Criminal Appeal No.514 of 1984 of the accused/ respondent against the judgment dated 8-10-1984 of the Additional Sessions Judge, Sialkot, convicting him under Section 302 .P.P.C. for the murder of Dilawar Hussain deceased and sentencing him to death, with fine of Rs.10,000 or in default whereof to undergo further R.I. for 3 years with the direction that half of the fine on realization be paid to the heirs of the deceased and also a sum of Rs.5,000 more as compensation to the heirs of the deceased or in default further R.I. for 6 months, was accepted to the extent that conviction of the respondent under Section 302 P.P.C. was set aside and instead convicted him under section 304, Part-I of P.P.C. and sentenced him to 10 years R.I. or in default to undergo further R.I. for 3 years, on realization of the fine half of which shall be paid to the heirs of the deceased, by the impugned judgment. Brief facts of the case according to the F.I.R. are that on 7-8-1983 the complainant party were busy in constructing a fallen wall in Shamilat Deh land, in front of their house in the area of village Purana Wahla, 5 miles from Police Station Narowal, District Sialkot. The complainant Nazir Ahmad (PW-8) and his brother Dilawar Hussain (deceased) were helping Mistry Muhammad Anwar (PW-10) in the construction of the wall. At about 8.00 a.m. Said Ahmad accused/ respondent armed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492