Law:

Section:

Penal Code (XLV of 1860)-- ----Ss. 302/34---Appraisal of evidence---Ocular testimony had implicated all the accused in the commission of the crime which had taken place in day time and there was no question of mistaken identity---Ocular version with regard to causing of injuries with blunt weapon i.e. Sotas was confirmed by medical evidence and was also corroborated by motive---Prosecution evidence was trustworthy and confidence-inspiring---Doctor's estimate with regard to probable time between death and post-mortem of the deceased was necessarily approximate and may be erroneous by two or three hours but it was difficult to believe that competent doctor would be wrong in his estimate if probable time of death by seven or eight hours was estimated---Defence theory as set up was an afterthought and improbable in view of evidence and circumstances of the case---Contention that only one accused had inflicted injuries to both the deceased persons at the same place and time due to sudden and grave provocation and that there was one incident, had no substance---Appeal was dismissed accordingly. Mardan Ali v. Gulistan 1980 SCMR 889 ref. JUDGMENT HAMID ALI MIRZA, J. ---This criminal appeal by leave of this Court is directed against the judgment, dated 25-5-1995 passed in Criminal Appeal No.229 of 1991 by Lahore High Court, Multan Bench, whereby the conviction of the appellants under section 302, P.P.C. was maintained, and Criminal Revision No.194 of 1991 preferred by the complainant for enhancement of the sentence of the appellants from imprisonment, for ,life to death was also dismissed. The appellants were tried on the charge of trespassing into the house of Muhammad Arif, P.W.5, on 15-4-1989 at about 11/12 a.m. in the area of Mouza, Noor Shah, Police Station Mitro who in furtherance of their common intention duly armed with Sotas murdered Muhammad Sadiq. The learned trial Court after recording the evidence and hearing the learned counsel convicted the appellants under section 302, P.P.C. and sentenced to each one of them to life imprisonment and fine of Rs.10,000 each and in default in payment of fine They were directed to undergo further two years' R.I. Each one of…

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