Law:

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Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 148--Conviction and sentence recorded against accused by trial Court--Assailed--Held: Recovery of weapon of offence was not proved on the record as neither the empties recovered from the spot nor the weapon of offence were sent to the Forensic Science Lab for expert opinion--Medical evidence also did not corroborate the eye-witness account to the extent of the injury--Order accordingly. Judgment This judgment will dispose of Crl. Appeal No. 1272 of 2004 filed by Ahmad Khan and Behram Khan appellants and Crl. Appeal No. 1173 of 2004 filed by Ikram Ullah appellant who were convicted under Section 302(b) PPC read with Section 149 PPC and sentenced to life imprisonment each as Tazir with further direction to pay Rs. 50,000/- each as compensation to the legal heirs of the deceased, in default whereof to further undergo six months S.I. each. All the three appellants were also convicted under Section 148 PPC and sentenced to undergo two years R.I. each. Both the sentences were ordered to run concurrently availing the benefit of Section 382-B Cr.P.C. vide judgment dated 26.6.2004 rendered by the learned Addl. Sessions Judge Mianwali. Ehsan Ullah Khan complainant has also filed Crl. Revision No. 699 of 2004 for enhancement of the sentences awarded to the appellants, which is being dealt with through this judgment. 2. Briefly stated the facts of the case as per FIR Ex. PV lodged by complainant Ehsan Ullah Khan PW-12 are that on 3.6.2003 at about 6 p.m. while he, alongwith Khizar Hayat, Maryam Khatoon (deceased), Ikram Ullah, Abdullah Khan, was on his way to his house Wandha Dalili Wala from Musa Khel City suddenly Muhammad Riaz, Irshad Khan, (both absconders), Ahmad Khan, Behram Khan all armed with rifles, Shah Jahan armed with .12 bore gun, Khizar Hayat, Safdar Khan armed with rifles, Amir, Amir Abdullah armed with .12 bore guns alongwith two unknown accused armed with fire-arms emerged arising Lalkara that they had come to take revenge for the murder of their mother. Ahmad Khan accused fired with his rifle hitting on the left foot of Khizar Hayat. Muhammad Riaz fired rifle shot hitting Khizar Hayat on the…

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