Law:

Section:

(a) Penal Code (X L V of 1860)... ---- S. 302---Appreciation of evidence --- Eye-witnesses although were related to the deceased, yet they were the natural witnesses of the occurrence and had no enmity with the accused ... Ocular account was consistent and was corroborated by medical evidence and the evidence qua motive ... Delay of two hours in lodging the F.I.R. was explainable"-Conviction of accused was maintained in circumstances. (b) Penal Code (XLV of 1860)... ---- S. 302---Sentence --- Mitigating circumstances --- Accused Was a young man of 18 years and only two days prior to the occurrence the girl to whom he dreamt of being his wife had been given in marriage to somebody else which must have caused some provocation --- Accused had given a single stab wound to the de . ceased --- Mystery also existed as to why the accused did not' make the person victim of attack against whom he had direct motive---Sentence of death of accused was converted into . imprisonment for life in circumstances. JUDGMENT TASSADUQ HUSSAIN JILANI,. J . ---Criminal. Appeal No. 836 of 1990, and the connected Murder Reference No.231 of 1991 arise from the judgment of the learned Additional Sessions Judge, Lahore whereby he on 5-12-1990 while convicting Muhammad Hayat appellant order section 302, P.P.C. for the murder of Muhammad Arif sentenced him to death and a fine of Rs.10,000 in default whereof to undergo two years' R.I. The fine, if recovered, was directed to be given to the legal heirs of the deceased. 2. The prosecution story as given in the F.I.R. (Exh.PA/1) registered by' Khushi Muhammad S.L(P.W.), at 6-35 a.m. in the police station on the statement of Inayat Ali (P.W.5) which was recorded by Rashid Ahmad, S.I. (P.W.11) at 6-30 a.m. at Moor Singhpura is that the complainant Inayat Ali resides with his brother Muhammad Arif deceased. Muhammad Bashir (P.W.6) who is brother-in-law of the complainant resided at Mohallah Rehmatpura Kot Khawaja Saeed. Muhammad Hayat appellant was neighbour of Bashir. He asked Bashir P.W. to give his grown up daughter Mst. Samina in marriage to him. He refused but Muhammad Hayat persisted with his demand. On being consulted the complainant and his…

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