Law: Pakistan Penal Code, 1860

Section: 302,324,301,338-F

(a) Penal Code (XLV of 1860)--- ----Ss. 302 & 324---Appreciation of evidence---If evidence of one prosecution witness who was brother of injured prosecution witness, and of the other who was brother of deceased, was excluded from consideration, even then there was other sufficient evidence on record in the shape of oral evidence of other two witnesses and the F.I.R.---Name of one of said witnesses though was not mentioned in the F.I.R., but he was co-villager of the parties and appeared to be an impartial witness and his evidence inspired confidence---Such witness had given a consistent and confidence-inspiring evidence---F.I.R. was lodged by deceased, who at relevant time was in full senses---Deceased having received grievous injury, he was under eminent apprehension of death and, could not be expected to tell a lie F.I.R. lodged by him could be safely considered as dying-declaration and by taking into consideration the ocular version furnished by prosecution witnesses coupled with dying-declaration, no doubt was left that accused had committed the offences---Contradiction pointed out by accused, was not only a minor one, but was also plausible---Death of deceased was the indirect result of the injury caused to him by accused with fire-arm and accused could be convicted for Qatl­e-Amd---Accused had committed murder of deceased against whom there was a clear motive of criminal litigation. 1984 SCMR 545 and 782; 1999 SCMR 172 and 1995 PCr.LJ 765 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 301, 302 & 338-F---Law of Qisas and Diyat---Interpretation---Principles---Provisions of Ss.301 & 302, P.P.C. were to be interpreted, in view of provisions of S.338-F, P.P.C. in the light of Injunctions of Islam as laid down in Holy Qur'an and Sunna of Holy Prophet (PBUH) and as interpreted by Muslim Jurists. JUDGMENT FAZLUR REHMAN KHAN, J.---By the judgment/order dated 4-12-2004, the learned Sessions Judge/Zilla Qazi, Shangla Camp at Swat has convicted appellant Ibrahim under section 302, P.P.C. for the murder of Muhammad Usman and has sentenced him to undergo imprisonment for life and also to pay a fine of Rs.2,00,000 payable as compensation to the legal heirs of…

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