Law:

Section:

(a) Penal Code (XLV of 1860)-------Ss. 302(b) & 324---Appraisal of evidence---Eye-witness, a minor girl, while supporting the prosecution case had specifically stated that the accused had caused "Chhuri" injuries to the deceased and also to her---Said girl was a natural witness whose presence at the place of incident could not be doubted and she had no reason to falsely implicate the accused---Ocular testimony had no discrepancy and infirmity, which was further corroborated by the complainant who had seen the accused armed with "Chhuri" just after the incident standing outside the room of the house, where the deceased was lying dead and the eye-witness, minor girl, was present in injured condition, who had disclosed the facts of the incident---Medical evidence had also supported the ocular account of occurrence---"Chhuri" recovered from the accused. was found to be stained with blood---High Court had reduced the death sentence of the accused to imprisonment for life by taking into consideration his age and being of the opinion that the accused was 18 years old at the time of occurrence and was not adult within the meaning of S.299, P.P.C.---According to prosecution accused was 20 years of age at the time of incident, thus, there was a doubt in respect of the age of accused and in such a situation the view favouring the accused was normally to be accepted---Finding of High Court on the said aspect of the case was, therefore, maintained---Convictions and sentences of accused were upheld in circumstances. Ijaz Hussain v. Th. State 2002 SCMR 1455; Sohail Iqbal v. The State 1993 SCMR 2377 and Javid Iqbal v. The State 1982 SCMR 447 ref. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 324---Age of accused---Two views available---View favouring the accused to be accepted---Where two views relating to the age of accused are possible, the view in favour of accused is normally to be accepted. Ijaz Hussain v. The State 2002 SCMR 1455; Sohail Iqbal v. The State 1993 SCMR 2377 and Sohail Iqbal v. The State 1993 SCMR 2377 ref. Malik Rab Nawaz Noon, Senior Advocate Supreme Court for Appellant (in Criminal Appeal No.397 of 2006). Raja Shahid Mehmood Abbasi, Deputy…

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