Law: Penal Code (XLV of 1860)

Section: 302(b),302(C)

Penal Code (XLV of 1860)--- ----Ss. 302(b) 302(c)---Appreciation of evidence---Accused was nominated as main culprit in promptly recorded F.I.R.---Complainant party and accused being residents of the same locality, there was no possibility of mistaken identity---Accused had caused fatal injury to the deceased with the rifle and motive was also alleged against him---Accused had been found guilty during the investigation---Complainant party had no previous enmity for false implication of the accused or substitution by letting off the real culprits--Complainant was though real father of the deceased and the prosecution witness was real cousin of the deceased, but mere relationship of prosecution witnesses with the deceased was no ground to discard their testimony unless they were proved to be inimical and interested witnesses and no such evidence had been brought on record by the defence to prove that they were inimical towards the accused---Ocular account furnished by complainant and prosecution witness had fully been corroborated by the medical evidence---Prosecution case against the accused, in circumstances, had fully been established beyond any shadow of doubt---Contention that at the most, case against the accused fell under S.302(c), P.P.C. instead of S.302(b), P.P.C., had no force as according to prosecution story the accused way-laid armed with rifle and launched the attack---Suggestion of-¬the defence that occurrence had taken place in the fields, was also without any basis because blood-stained earth was taken into possession where, according to the prosecution, occurrence took place---Conviction and sentence recorded by the Trial Court against the accused, could not be interfered with, in circumstances. JUDGMENT Muhammad Akram son of Muhammad Khan was tried alongwith acquitted co-accused namely, Fateh Khan, Muhammad Amir Khan sons of Suba Khan and Muhammad Azim Khan son of Ameer Khan by the learned Additional Sessions Judge, Mianwali in case F.I.R. No.50, dated 22-5-1998 under section 109, P.P.C. registered at Police Station Musa Khel for murder of Muhammad Sharif and vide the impugned judgment, dated 21-5-2001 was convicted under section 302(b),…

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