Law:

Section:

Penal Code (XLV of 1860)-------S. 319---Appreciation of evidence---Occurrence having taken place in broad daylight and there being no previous background of enmity between the parties, no question of mistaken or false implication of accused could arise in the case---Complainant had stuck to his version--­Ocular testimony was corroborated by medical evidence---Accused having taken a specific plea, onus lay upon him to prove the same which he had failed to do---Trial Court had not given any cogent reason for converting the offence from S.302(b), P.P.C. to S.319, P.P.C. and neither the State nor the complainant had challenged the acquittal of accused under S.302(b), P.P.C.---Conviction and sentence of accused were maintained in circumstances. JUDGMENT This judgment will dispose of Criminal Appeal No.957 of 2002 p filed by Khalid Mehmood, appellant, who was convicted and sentenced by learned Additional Sessions Judge, Choonian vide his judgment dated 28-1-2002 directing appellant to make payment of Diyat for a sum of Rs.3,00,000 (Rs. three lacs) to the legal heirs of the deceased. 2. Brief facts of the case as disclosed by Muhammad Ramzan complainant are that on 24-7-1999 it was the marriage ceremony of Ghaffar son of Khushi Muhammad, the complainant, his son Iftikhar, Khushi Muhammad and Liaqat Ali went to Mauza Kaurey Sial with the marriage party. At about 4-00 p.m. when the marriage party was to return back home, the accused Khalid Mehmood with a .12 bore gun, Munir Ahmad with a rifle and Abdul Qadir empty-handed came there. Abdul Qadir shouted to catch hold of the complainant's son Iftikhar (aged 12/ 14 years) and kill him to make his taste of altercation. On this the accused Munir Ahmad caught hold of him from his arms while Khalid Mehmood fired a shot from his gun .12 bore, hitting his right thigh. The injured Iftikhar fell down on the ground whereafter, all the accused fled away. 3. During the investigation, 4th accused Karamat Ali was also implicated. The accused Abdul Qadir and Munir Ahmad found innocent while the other two accused namely Khalid Mehmood and Karamat Ali were sent up for their trial. The accused Khalid Mehmood was found innocent during the…

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