Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302(b)/34 & 302(b)----Appreciation of evidence---One appeal had been filed by the complainant against the acquittal of accused of the charge under S.302(b)/34, P.P.C. whereas by other appeal accused had assailed his conviction and sentence of death awarded under S.302(b)---Incident itself was not denied by the defence---Accused, however, had given their own version in their examination under S.342, Cr. P. C.---Defence version when kept in juxtaposition with prosecution version particularly the medical evidence, truth appeared to be lying the middle of the two conflicting versions and both the parties had not been candid before the Trial Court---Defence version was believable to the extent that an altercation was going on between the deceased and the principal accused when the remaining accused arrived there---Prosecution witnesses had exaggerated the event in order to falsely implicate maximum number of all near relatives---Principal accused was driving the tractor and although the incident might not be a premeditated one, the injuries on the body of the deceased revealed that he was done to death mercilessly, which bore multiple abrasions and his head was crushed---Abrasions could only be caused by dragging of the deceased's body on the ground with a tractor, which was found entangled in the fear wheels of the tractor---Said principal accused, thus, was the perpetrator of the crime---Both the appeals were dismissed in circumstances. Muhammad Hanif v. State PLD 1993 SC 895; Muhammad Sharif v. Muhammad Javed PLD 1976 SC 452; Zahid Imran v. State PLD 2006 SC 109; Elahi Bakhsh v. State 2005 SCMR 810; Muhammad Naeem v. State 2005 SCMR 284; Zulfiqar Ali v. State 2008 SCMR 796 and Muhammad Yaqoob v. The State PLD 2001 SC 378 ref. Sheikh Khizar Hayat, Advocate Supreme Court for Appellant (in Criminal Appeal No.206 of 2001). Syed Raffaqat Hussain Shah, Advocate Supreme Court for Respondents Nos. 1 to 4 (in Criminal Appeal No.206 of 2001). Mian Asif Hayat, Deputy Prosecutor-General, Punjab for the State (in Criminal Appeals Nos.206 and 207 of 2001). Qari Abdur Rashid, Advocate Supreme Court (in Criminal Appeal No.207 of 2001). Date…

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