Law: Pakistan Penal Code, 1860

Section: 302,324,337-A(ii)(iv)(v)

Penal Code (XLV of 1860)-------Ss. 302, 324, 337-A(ii)(iv)(v)---Appreciation of evidence---Sentence, reduction in---Three injured eye-witnesses having no previous enmity against accused, presence of said eye-witness at the spot could not be doubted---Daily diary though was recorded on the report of complainant, but same was duly thumb impressed by deceased who, at that time being injured, was alive---Dying declaration in the foot note contained that it was read over to the deponent and the injured who accepted same to be correct---Said document could betaken as dying declaration---In view of the daily diary duly thumb impressed by the then injured deceased, and due to fact that no previous enmity existed between them, no room was left for false charge---Site plan showed that co-accused were also charged for causing serious stout injuries on complainant party---Liability of accused to have caused death of deceased, had become doubtful---Participation of acquitted accused in the crime being also open to doubt, his acquittal was maintained---Another co-accused, who was charged for causing injuries to one of the eye-witnesses, was juvenile and had been awarded three years' R.I. which was maintained---Only the accused was found responsible for causing death of deceased, but because of absence of previous enmity and for the reason that occurrence had taken place at the spur of moment and keeping in view the weapon used, sentence of 14 years' R.I. was reduced to 10 years' R.I. and for the Same reason conviction recorded under S.324, P.P.C. from seven years was reduced to three years' R.I.---Conviction and sentence of accused under S.337-A(ii), P.P.C., however were left intact---Sentence of co-accused was also reduced accordingly.JUDGMENT TARIQ PARVEZ KHAN, C.J..---Through this single judgment we intend to dispose of tour connected matters as they have arisen out of single F.I.R. bearing No.100 dated 9-5-2002 of Police Station Phulra. Criminal Appeal No.48 of 2005 is filed by Gulzar and Ali Asghar through which they have challenged their conviction and Sentence. Criminal Revision No.20 of 2005 is filed by Sher Bahader for enhancement of sentence of…