Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appraisal of evidence---Ocular testimony was consistent and reliable on all material particulars and inspired confidence---Minor variations in evidence of eye-witnesses were insignificant---Relationship of ocular witnesses with the deceased, ipso facto, would not reflect adversely against their veracity, in the absence of any motive on their part for false involvement of accused in the case---Occurrence had taken place during the day light at 8-00 a.m.---Presence of prosecution witnesses at the scene of occurrence was not open to any doubt---Non-production of an injured witness by the prosecution, who was related to the other accused persons, by itself would not lead to an adverse inference against it---Medical evidence as well as the recovery of the gun at the instance of accused, found to have matched with the crime empties secured from the spot, had corroborated the ocular evidence---Motive behind the incident stood proved---Case against acquitted co-accused having not been proved on record, the same was distinguishable from that of present accused, which had been proved beyond doubt by convincing and straight forward ocular evidence---No mitigating circumstance had come on record to justify award of lesser sentence of imprisonment for life to accused, who had committed the cold-blooded murder of the deceased---Appeal was dismissed in circumstances. Sardar Muhammad Siddique Khan, Advocate Supreme Court for Appellant. Raja Shahid Mehmood Abbasi, D.P.-G. for the State. Date of hearing: 9th September, 2009. JUDGMENT RAJA FAYYAZ AHMED, J.--- This Criminal Appeal by the leave of this Court is directed against the judgment dated 13-5-2003 passed by the learned Division Bench of the Lahore High Court, Multan, Bench Multan, whereby Criminal Appeal No.126 of 1999 preferred by the appellant against his conviction under section 302(a), P.P.C., having been sentenced to death by the Additional Sessions Judge, Burewala; was dismissed by altering his conviction to that under section 302(b), P.P.C. consequently by maintaining his sentence to death as Tazir, Murder Reference No.166 of 1999 forwarded to the learned High…

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