Law:

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Pakistan Penal Code, 1860 (XLV of 1860)-- ----302(b)--Criminal Procedure Code, (V of 1898) S. 410--Brutal murder--Conviction and sentence recorded against accused--Challenge to--Appreciation of evidence--Two eye-witnesses appeared before trial Court in support of prosecution case--Both have fully supported prosecution case and nothing could be shaken from their testimony during course of their cross-examination--They had no strong reason to falsely depose against appellant--Report of Fire-arm Expert is to the effect that all three crime empties recovered from spot have matched with pistol recovered from personal research of appellants--Doctor who had conducted post-mortem examination of dead-body of deceased found three fire-arm injuries on the person of deceased, so, ocular account is corroborated by medical evidence--Not only one but appellants fired three successive fatal shots which led to brutal murder of deceased, so, it is an intentional and pre-meditated murder on part of appellants so, in such like proved cases normal sentence is death--There is no mitigating circumstance in favour of appellant to award him lesser sentence--Order accordingly. [Pp. 346 & 347] A, B, C & D Judgment Kh. Muhammad Sharif, J.--This judgment shall dispose of Criminal Appeal No. 52/2001 (Muhammad Bashir Vs. The State), Crl. Appeal No. 53/2001 (Mirza Yasir Ali vs. Sajawal Khan etc). and Murder Reference No. 18/2001 (sent by the learned trial Court for confirmation of death sentence or otherwise), as they arise out of the same judgment dated 31.1.2001 passed by the learned Additional Sessions Judge, Attock whereby, following sentences and convictions were passed:-- (i) Appellant Muhammad Bashir was convicted under Section 302 (b) PPC and sentenced to death with a compensation of Rs. 50,000/- to be paid to the legal heirs of the deceased as provided under Section 544-A Cr.P.C. in default whereof to further undergo six months SI; (ii) However, benefit of doubt was extended to the acquitted accused, namely, Sajwal Khan who earned acquittal from the case. 2. Learned counsel for the complainant, who has filed Crl.A. No. 53/2001 against the acquittal of the said Sajawal, does…

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