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Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Conviction and sentence--Appeal against--Parties were so closely related to each other that there could not have been any mistaken identity on part of complainant party--In FIR, it was stated that brother of present appellant (acquitted co-accused), who was armed with rifle, caused an injury on person of deceased which hit on his chest while appellant, who was armed with .12 bore gun, fired at witnesses but fire did not hit any body--Thereafter when copy of post-mortem report was received, it was found that in fact, only fatal injury on person of deceased was with .12 bore gun and not with riffle, then in connivance with police in order to fill-up lacuna in prosecution case, not only weapon was changed but also name of accused was changed--In FIR fatal shot was attributed to acquitted co-accused but before trial Court it was stated that in fact, it was appellant who was armed with .12 bore gun and had fired a short--There was glaring conflict between ocular account and medical evidence which could not be reconciled without a pinch of salt--Case of prosecution against appellant was of doubtful nature--While granting benefit of doubt to appellant--Appeal allowed. [Pp. 520 & 521] A, B & C Judgment Kh. Muhammad Sharif, J.--The appellant Shahid Mahmood alongwith his brother Shahid Mahmood and father Fazal Haq was tried by the learned Sessions Judge, Jhelum, in case FIR No. 114 registered at P.S Chotala on 23.9.2000 for offences under Sections 302/324/34 PPC. Vide judgment dated 3.4.2001, the learned trial Court, while acquitting the aforesaid co-accused, convicted the appellant for offence under Section 302 PPC and sentenced him to death plus payment of Rs. 1,00,000/- as compensation to the legal heirs of the deceased. 2. The appellant Shahid Mahmood has challenged his conviction and sentence through the instant appeal, while Muhammad Ifzal/complainant has brought Criminal Revision No. 74 of 2001 seeking enhancement of amount of compensation imposed upon the appellant. The complainant has also filed Criminal Appeal No. 189 of 2001 questioning the acquittal of Tariq Mahmood and Fazal Haq, co-accused.…

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