Law: Penal Code (XLV of 1860)

Section: 302(b),449

Penal Code (XLV of 1860) - Ss. 302(b) 449 Appreciation of evidence Motive as asserted by prosecution stood established from the very cross examination of the prosecution witness Evidence of recovery had corroborated the medical evidence Eye witnesses had stood the test of cross examination and categorically deposed that the accused had caused the murder of the deceased Even the statement of the Court witness had proved beyond any doubt that it was the accused who had committed the murder of the deceased Conviction and sentence of accused were upheld in circumstances Sentence of fine was, however, set aside being not warranted by law. Kh. Sultan Ahmed for Appellant. Mian Zaffar Ahmed Khan and Sh. Shafique Ahmed for the Complainant. Miss Tasnim Amin for the State. Date of hearing: 8th October, 2001. JUDGMENT SHEIKH ABDUR RAZZAQ, J. Succinctly stated, the facts as enumerated by the complainant Bashir Ahmed (P.W.8) in F.I.R. Exh.P.H, are that on 21 2 1993 bye election was held in which he and his cousin Amanullah son of Muhammad Shafi and Muhammad Ramzan supported Pakistan Peoples Party whereas Sardar Ali son of Muhammad Suleman, Maqsood and Mehmood sons of Muhammad Ashraf supported Muslim League. After casting their votes, he came to his house whereas his cousin Amanullah made for Chak No.254/GB to participate in some marriage ceremony. He (complainant) again went to the polling station at about 5 30 p.m. to know about the result and in the meanwhile. Amanullah also reached there. As a result of election Peoples Party was declared as winning party. Thereupon, he (complainant) alongwith Amanullah and other persons celebrated the said victory and after passing through Bazar reached in front of his house at about 6 30 p.m., when he alongwith Amanullah, Javed Iqbal son of Fazal Muhammad went to his house. While they were sitting there and electric bulb was on, Maqsood Ahmed armed with 222 rifle, Mehmood Ahmed empty handed and Sardar Ali son of Muhammad Suleman armed with 222 rifle entered his house. Maqsood Ahmed and Mehmood Ahmed climbed the stairs of his house whereas Sardar Ali son of Muhammad Suleman raised Lalkara that he will teach a lesson to Amanullah for…

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