Law:

Section:

(a) Penal Code (XLV of 1860)--- --__S. 302/34---Appreciation of evidence---Delay in making the report of occurrence had been properly explained by the complainant in the FIR ---Eye­witnesses could easily recognize the assailants of the deceased---Ocular version was corroborated by medical evidence as well as by incriminating recoveries--­Gun recovered at the instance of accused had matched with the crime empties secured from the place of occurrence---Conviction and sentence of accused were upheld in circumstances. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Accused had been found innocent during investigation---Role attributed to accused was not corroborated by any independent evidence except the motive alleged in the FIR---Participation of accused in the occurrence was, therefore, doubtful and he was acquitted on benefit. of doubt accordingly. Muhammad Anwar and another v. The State PLD 1956 SC (Pak.) 440 ref. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Criminal Procedure Code (V of 1898), S.439---Revision--­Sentence, enhancement of---Immediate cause leading to the incident remained shrouded in mystery---Sentence of imprisonment for life awarded to accused in the given circumstances was sufficient to meet the ends of justice---Accused had also acquired the right of expectancy, of life---Revision petition was dismissed in circumstances. JUDGMENT SH. MUHAMMAD ZUBAIR, J.--Allah Ditta and Muhammad Ismail alias Pheeri were tried under section 302/34. P.P.C. by the learned Sessions Judge, Toba Tek Singh. for the murder of Shaukat Ali, alleged to have been committed on 6-2-1987. at about sunset time in the area of Chak No-298,/GB. The learned trial Judge convicted them thereunder and sentenced them to imprisonment for life plus fine of Rs.5,000 each or in default six months' R.I. This is vide judgment dated 20-4-1989. 2. The convicts have appealed, while Sardar Ali (P.W.7) complainant has filed Criminal Revision No.364 of 1989, for enhancement of sentence from imprisonment for life to death. This revision petition was admitted to full hearing by order of a learned Single Judge dated 20-2-1990. We propose to dispose of both the…

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