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Pakistan Penal Code, 1860 (XLV of I860)-- ----Ss. 302 & 34--Appreciation of evidence--Medical evidence had supported prosecution case--Deceased lost his life due to fire-arm injuries, but it did not lead to the assailant--Deceased was involved in a number of cases including those of murder and had many accounts to settle and it could not be said that only accused had the motive against the deceased--Alleged pistol of .30 bore recovered at the instance of accused, was never sent to Forensic Science Laboratory nor any empty was recovered from the spot--No independent witness was produced during trial to prove the recovery--Recovery evidence, could not be used against accused--Prosecution case was replete with doubts, impugned was set aside--Accused was acquitted of all the charges against him and was released. [Pp. 402, 402 & 403] A & B Judgment Muhammad Farrukh Mahmud, J.--Ghulam Abbas, appellant, alongwith Sultan Ahmad and Ahmad Khan was tried by the learned Additional Sessions Judge, Mandi Baha-ud-Din, in lieu of case F.I.R. No. 193 registered at Police Station Phalia on 5-5-1995 for offences under Section 302/34, P.P.C. Vide judgment dated 27-9-2001, the learned trial Judge, while acquitting the aforesaid co-accused of the appellant, convicted and sentenced the appellant for offence under Section 302(b), P.P.C. to death plus payment of RS. 1,00,000 as compensation to the legal heirs of the deceased, in default in payment whereof to undergo S. I. for six months. . 2. The convict-appellant has challenged his above-noted conviction and sentence through the instant appeal. Murder Reference No. 682 of 2001 seeking confirmation or otherwise of death sentence inflicted upon the appellant has also been placed before us. We propose to decide both these matters through this consolidated judgment. 3. The brief facts of the case as per statement Exh.P.D. recorded by Muhammad Siddique, A.S.-I/P.W.11, at the instance of Nadir Khan, complainant/P.W.2, which based the registration of formal F.I.R. Exh.P.D./I are that on 5-5-1995 at about 6-00 a.m. when the complainant his son Saifullah and Ahmad Khan/P.W.I were present in the mosque near bathrooms, while Ghulam…

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