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Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302, 148, 149 & 109--Appreciation of evidence--Enmity existed between parties--On the statement of eye-witnesses, four of accused, who were assigned similar role, had been acquitted and no independent corroboratory evidence was available against accused--Both the witnesses who were closely related inter se and deceased, resided at a place which was at a distance of 300/400 yards from the spot and it was stated in the F.I.R. that enmity existed between complainant party and accused--PWs had made dishonest improvement in their statements before the Trial Court--Very basis of presence of PWs at the spot was not free from doubt--Statements of both witnesses were contradicted by medical evidence--Case of accused was at par with that of acquitted accused and his role could not be distinguished from them--PWs had been disbelieved qua acquitted accused--Appeal filed against acquittal of said co-accused had already been dismissed--Recovery of pistol at the instance of accused, would not advance prosecution case for the reason that recovery was effected from a Dera which was accessible to other persons as well--No empty was recovered from the spot--Impugned of the Trial Court, was set aside and accused was acquitted of all the charges and was directed to be released from jail. [Pp. 434, 435, 436 & 437] A, B, C, D, E, F, G & H Judgment Muhammad Farrukh Mahmud, J.--This judgment will dispose of Criminal Appeal No. 1751 of 2001 filed by Imran alias Imranu, who, alongwith his three brothers Mir Mussa, Adnan, Salman and Shahbaz alias Majhu son of Khan Muhammad faced trial in case F.I.R. No. 168, registered at Police Station Satellite Town, Gujranwala, on 20-3-2000, for offences under Sections 302/148/149/109, P.P.C., before learned Additional Sessions Judge, Gujranwala, who after concluding the trial, vide his judgment, dated 31-10-2001, while acquitting rest of the accused, convicted the appellant under Section 302(b), P.P.C. and sentence him to death with compensation of Rs. 2,00,000 or in default six months' S. I. 2. Murder Reference No. 727 of 2001 for confirmation or otherwise of death sentence of appellant…

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