Law: Penal Code (XLV of 1860)

Section: 302/307/452/34

Penal Code (XLV of 1860)---   ----Ss. 302/307/452/34---Appreciation of evidence---Incident had occurred in day time and was witnessed by at least three persons who were members of the same family---All said three eye-witnesses being inhabitants of house of the deceased were natural witnesses and they had steadfastly testified that accused had entered their house and shot dead the deceased---Testimony of said eye-witnesses remained unshaken under cross-examination and said witnesses were not inimical towards the accused---Testimony of an independent Witness who saw the accused coming out from the house of deceased with a pistol in his hand where deceased was found dead, also was not shaken in cross-examination--¬Medical evidence on record had corroborated ocular account---Delay of about six hours in lodging F.I.R. had fully been explained---Conviction and sentence awarded to accused by Trial Court, were maintained, in circumstances.   Mehmood and others v. The State 1995 SCMR 127; Ghulam Nabi Shah v. The State 1969 SCMR 629; Nooran v. The State PLD 1966 (W . P.) Lah. 383; Muhammad v. The State PLD 1979 Kar. 583; Abdul Khaliq v. The State 1996 SCMR 1553; Buxal and another v. The State 1990 PCr.LJ 2001; Iftikhar Ali v. The State 1998 PCr.LJ 2022; Dilshad v. The State 1995 PCr.LJ 248; Abdul Majeed v. The State 2001 MLD 1200; The State v. Tassawar Hussain NLR 1999 SD 751 and Sher Khan v. The State 1976 PCr.LJ 68 ref.   Muhammad Farooque for Appellant.   Habibur Rasheed for the State.   Dates of hearing: 1st and 2nd October, 2002. JUDGMENT This appeal impugns the judgment dated 20th September, 1999 passed by the learned VIIth Additional Sessions Judge, Karachi, East whereby the appellant was convicted and sentenced to suffer life imprisonment under section 302 as well as five years R.I. under section 452, P.P.C. alongwith fine of Rs.5,000 in default whereof he was to suffer an additional period of two months R.I. 2. Briefly stated the prosecution case per F.I.R. No.128 of 1990 lodged at Police Station Malir Extension on 8-9-1990 is that there was some firing in the area where the complainant resided alongwith his family members vie.…

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