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Pakistan Penal Code, 1860-- ----S. 302(b)--Conviction and sentence--Appreciation of evidence--Motive was proved as parties were locked in criminal litigation since long--Continuous enmity between the parties--Presence of other accused persons mentioned in FIR could not be established beyond reasonable doubt--Occurrence was an outcome of a chance meeting between the parties--Investigation had not been conducted in an honest manner, What had actually transpired immediately before occurrence was shrouded in mystery--Conviction maintained however sentence of death was converted into life imprisonment. [Pp. 485, 487 & 488] A, B, C, D, E & F 1999 SCMR 637, 2004 PCr.LJ 27, 2004 P.Cr.L.J. 320, ref. Judgment Tariq Shamim, J.--Muhammad Razzaq appellant alongwith two other co-accused, namely, Bhai Khan and Adalat Khan, was tried for the murder of Ahmad Khan deceased in case FIR No. 95 dated 30.8.1998 for offences under Sections 302, 324, 109, 148, 149, P.P.C. registered at Police Station Pind Dadan Khan, District Jhelum, by the learned Addl. Sessions Judge Jhelum, who vide judgment dated 14.10.1999 convicted Muhammad Razzaq appellant under Section 302(b) P.P.C. and sentenced him to death as Tazir. He was also directed to pay Rs. 50,000/- to the legal heirs of the deceased as compensation under Section 544-A Cr.P.C. Bhai Khan and Adalat Khan co-accused were, however, acquitted of the charges. 2. Feeling aggrieved of the above-mentioned conviction and sentence, Muhammad Razzaq convict has filed Crl. Appeal No. 240 of 1999 while the State has approached this Court through Murder Reference No. 471 of 1999 seeking confirmation of death sentence awarded to the appellant whereas Muhammad Khan complainant had filed Crl. Revision No. 125 of 1999 against Muhammad Razzaq appellant for enhancement of compensation. All these matters are being disposed of together through this single judgment. 3. The prosecution story as narrated in the FIR (Ex PA/1) is that on 30.8.1998 Muhammad Khan complainant (PW-1) alongwith his deceased brother Ahmad Khan and Haji Mumtaz Khan (PW-3) had gone to Sargodha via Khushab in his jeep and after completion of their work, they were coming to Lilla…

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