Law: Penal Code (XLV of 1860)

Section: 302(C)/34

(a) Penal Code (XLV of 1860)--   ---S. 302(c)/34---Appreciation of evidence---Parties had not approached the Court with clean hands and had suppressed their roles played by them at the time of occurrence---Fight had taken place only between the accused and the deceased in which accused had fired the fatal shot at the deceased---Accused had already been awarded maximum punishment of 25 years R.I. under S.302(c)/34, P.P.C. by the Trial Court which could not be enhanced to death sentence as no appeal had been filed by the State or the complainant against his acquittal under S.302(a) or 302(b), P.P.C.---Conviction and sentence of accused were upheld in circumstances.   PLD 1996 SC 274 ref.   (b) Penal Code (XLV of 1860)---   ----S. 302(c)/34---Appreciation of evidence--- No effective role was attributed to accused in the occurrence-- -None of the seven crime-empties secured from the spot had matched with any weapon recovered at the behest of the accused---Motive part of the evidence had rightly been disbelieved by the Trial Court---Accused were acquitted in circumstances.    Mian Muhammad Sikandar Hayat for Appellant.   Badar Munir Malik for the State.   M. Iqbal Bhatti for the Complainant.   Date of hearing: 8th July, 2002. JUDGMENT This judgment will dispose of Criminal Appeal No.377 of 2001 filed by Muhammad Naveed alias Dangar, Muhammad Yousaf and Muhammad Tariq, appellants and Criminal Appeal No.336 of 2001 filed by Muhammad Jamil, appellant, who were convicted and sentenced by learned Additional Sessions Judge, Lahore vide his judgment dated 12-2-2001 as under:- Assad Naveed alias Dangar, appellant under section 302(c)/34, P.P.C. to undergo imprisonment for 25 years R.I. and to pay Rs.50,000 as compensation or in default one years S.I. Muhammad Yousaf, Muhammad Tariq Muhammad Jamil, appellants to undergo 10 years R.I. each under section 302(c)/34,, P.P.C. with a compensation of Rs.25,000 each or in default six months S.I. All the appellants were granted the benefit of section 382-B, Cr. P. C. 2. Occurrence in this case had taken place at 8-15 p.m. on 17-9-1999 within the jurisdiction of Police Station Bhatti Gate,…

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