Law: Penal Code (XLV of 1860)

Section: 302(a)(b)

Penal Code (XLV of 1860)---   ----Ss. 302(a)(b) 304---Appreciation of evidence---Sentence, reduction in---One of the prosecution witnesses who was also complainant was father of the deceased and other was distantly related to complainant party and had Come, to see complainant---Presence of witnesses at the spot, in circumstances, was very natural and plausible---Both said witnesses were subjected to lengthy cross-examination before the Trial Court, but they remained steadfast and nothing was on record to doubt the credibility of those witnesses---None of the witnesses chad any enmity with the accused to falsely implicate him in the case---Ocular account narrated by said witnesses also stood corroborated by Medico-legal Report as duration, location and nature of injury as narrated by eye¬witnesses stood affirmed by said piece of evidence---Promptness in lodging F.I.R. was another factor to strengthen prosecution case--¬Statements of both the eye-witnesses coupled with surrounding circumstances were sufficient to render credibility to prosecution story and to rely upon same for upholding conviction of the accused---Defence plea taken by accused was that he committed murder of deceased in order to protect the honour of his sister, but sister of accused had never appeared before the Police Officer in support of defence plea and for the first time she made statement before the Court as defence witness--¬Venue of occurrence and the circumstances showed that immediately before occurrence something else had happened which had been concealed by both the parties and that fact was sufficient to take a lenient view about quantum of sentence of the accused---Nothing being on record to show that during trial, Court had complied with provisions of S.304, P.P.C., conviction of the accused under S.302(a), P.P.C. was not correct and same stood converted into S.302(b), P.P.C. and sentence was converted accordingly.   Hafiz Khalil Ahmad for Appellant.   Iram Sajjad Gull for the State.   Date of hearing: 17th October, 2002. JUDGMENT MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.------Mehboob alias Booba appellant alongwith one Waris was tried for the murder of one Maqsood…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492