Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302(b) & 311---Criminal Procedure Code (V of 1898), S.345(2) [as amended by Criminal Law (Amendment) Act (II of 1997)]---Constitution of Pakistan (1973), Art.185---Qatl-i-Amd---Offence not compounded by other legal heirs, except widow of the deceased---Sentence under S.311, P.P.C. awarding of---Validity---Supreme Court granted leave to appeal to consider as to whether accused under such circumstances was liable to punishment under S.302(b), P.P.C. Muhammad Aslam v. Shoukat Ali 1997 SCMR 1307 and Muhammad Saleem v. The State PLD 2003 SC 512 ref. (b) Penal Code (XLV of 1860)--- ----S. 302/34---Appreciation of evidence---Commission of Qatl-i-Amd by principal-accused with fire-arm while riding on motorcycle with co-­accused---No active role attributed to co-accused in commission of offence nor was he carrying any weapon---No motive of co-accused to take life of deceased nor had he any intention or reasonable knowledge of Qatl-i-Amd of deceased on the part of principal accused---Held, co-accused had not shared the common intention with principal accused to cause death of deceased. (c) Penal Code (XLV of 1860)--- ----S. 302/34---Constitution of Pakistan (1973), Art.185(3)---Acquittal of accused by High Court---Validity---Such findings, if based on well-reasoned, correct and consistent approach, would be entitled to much weight and would double .the initial presumption of innocence of accused. M.A. Zafar Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) (in Criminal Petitions Nos.193-L and 194-L of 2003). Abdul Rehman Madni, Advocate. Supreme Court and A.H. Masood, Advocate-on-Record (absent) (in Criminal Petition No.198-L of 2003). Nemo for Respondents (in all petitions). Date of hearing: 20th March, 2006. JUDGMENT RANA BHAGWANDAS, J.--- This order shall dispose of the aforesaid three petitions directed against conviction of respondent Muhammad Nadeem Sajid and acquittal of respondent Danish by Lahore High Court under the provisions of section 311/34, P.P.C. upholding conviction of Muhammad Nadeem Sajid and sentence of imprisonment of fourteen years with payment of Diyat amounting to Rs.2,35,375 to…

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