Law: Pakistan Penal Code, 1860

Section: 302(b),342,340(2),382

Law: Criminal Procedure Code (V of 1898)

Section: 87

Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Sentence, reduction in---Mitigating circumstances---Both prosecution witnesses, though were related to deceased, but their statements could not be discarded merely on the basis of relationship---Incident was a case of single accused and daylight occurrence and both prosecution witnesses had no previous enmity or ill-will against accused, so as to involve him in false case---Both witnesses had given a very consistent account of occurrence and had corroborated each other on almost all material points---Matter was reported promptly to the police within an hour---Minor discrepancies in prosecution evidence pointed out by counsel for accused, were of no consequence as same had cropped up naturally when evidence was recorded after delay of more than 5-1/2 years---Ocular account was fully supported by medical evidence which was also corroborated by factum of abscondence of accused---Prosecution had successfully proved its case against accused through ocular account, which was supported by medical evidence and corroborated by abscondence of accused---Case against accused was of capital sentence, but some mitigating circumstances existed in case of accused; firstly accused was less than 20 years of age on the date of occurrence; secondly, no ill-will or enmity existed between deceased and accused, who were almost of the same age prior to the occurrence; thirdly, motive as set down in the F.I.R. was trivial in nature and was not supported by any independent evidence; and, fourthly, accused was not carrying with him any fire-arm and left scene of occurrence after giving solitary blow with chhurri on the person of deceased---Maintaining conviction of accused for offence under S.302(b), P.P.C., his death sentence was reduced to imprisonment for life accordingly and benefit of S.382-B, Cr.P.C. which was mandatory, was also extended to him. Muhammad Sharif v. Muhammad Javed alias Jedda alias Tedy PLD 1976 SC 452 ref. JUDGMENT MUHAMMAD FARRUKH MAHMUD, J.---This judgment will dispose of Criminal Appeal No.1202 of 2000 filed by Niaz Muhammad, who was convicted and sentenced by the learned Sessions Judge,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492