Law:

Section:

(a) Penal Code (XLV of 1860)--- S. 302---Appreciation of evidence --- Relationship of eye-witnesses with the deceased was not sufficient to discard their evidence which was corroborated by the evidence of recovery, as well as by medical evidence and inspired confidence --- Empties recovered from the place of occurrence were found to have been fired from the gun recovered from the accused --- Accused had admitted the liability of firing at the deceased in his statement made under S.342, Cr.P.C.--­Accused had strong motive to commit the murder --- Conviction of accused was upheld in circumstances. (b) Penal Code (XLV of 1860)--- S. 302 --- Sentence --- Mitigating circumstance --- Deceased who was involved in the murder of accused's father had been convicted but later on acquitted and the accused was under constant mental torture which was pinching him and some time compelling him to take revenge --- Death sentence awarded to accused by Trial Court was reduced to imprisonment for life in circumstances. JUDGMENT RAJA ABDUL A;IZ BHATTI, J.---Through this single judgment, we intend to decide M.R.. No.48 of 1992, Criminal Appeal No.5 of 1991 and Criminal Revision No.31 of 1991 simultaneously. Brief facts of the case are that Mirza Khan son of Hakarn Dad Khan, resident of Banda Nagyal, Rawalpindi lodged report. in Police Station Sadd Beroni, Rawalpindi. On his report a case F. 1. R. No. 160 dated 29-10-1989 under section 302, P.P.C. was registered at the said Police Station. 2. According to the contents of the F.I.R. Mirza Khan complainant was resident of Banda Nagyal.'On 29-10-1989 his son Nazir Akhtar was going towards the fields for grazing his cattle. When he reached near Pacca Road, known as Dhamial Misriot Road it 10-00 a.m. Khalid Iqbal accused armed with .12 bore gun while driving Suzuki bearing No.RIN-1630 reached there. He stopped the Suzuki and came down. The accused raised Lalkara saying that he should be careful to his life as, he had come to take revenge of his father's murder. Then immediately Khalid Iqbal accused fired with his .12 bore gun twice successively, one hitting on his son Nazir Akhtar in front of his chest on the right side and the other on…

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