Law:

Section:

Penal Code (XLV of 1860)--- ----S.302---Constitution of Pakistan (1973), Art. 185(3)---Sentence, reduction in---Eye-witnesses were consistent on all material points and their unanimous depositions rang true---Complainant who was father of both the deceased as well as the injured, could not tell a lie with regard to the involvement of the culprits responsible for the death and injuries of his sons, nor he could be expected to let the real culprit scot-free and substitute the accused---Presence of tote injured witness at the scene of occurrence could not be doubted or disputed in any manner---Ocular testimony stood squarely corroborated by medical evidence and motive--­Conviction of accused was maintained in circumstances---Accused being a young boy had acted under the influence of his father and in such-like cases the extreme penalty of death could not be imposed---Sentence of death of accused was altered to imprisonment for life accordingly with enhancement of the amount of compensation from Rs.20,000 to Rs.50,000 to be paid by him---Benefit of S.382-B, Cr.P.C. was declined to the accused. ORDER SH. RIAZ AHMED, C.J.-This Jail Petition has been filed by Faqir Hussain alias Pappu to assail his conviction and sentences on charges under sections 302/324 read with section 34, Pakistan Penal Code arising from case F.I.R. No.335, dated 26-6-1993 registered with Police Station Factory Area, Sheikhupura for the commission of the murder of Faqir Hussain and, causing injuries to Boota P.W.5 both sons of Sher Muhammad complainant. 2. Faqir Hussain alias Pappu (hereinafter to be referred as -Petitioner) was tried alongwith his father Inayet and Bashir alias Billa by an Additional Sessions Judge at Sheikhupura for the murder of Faqir Hussain and for causing injuries to Boota P.W.5. By means of judgment, dated 4th of April, 1995, -Petitioner was convicted under section 302, Pakistan Penal Code and sentenced to death with direction to pay an amount of Rs.20,000 as compensation to be paid to legal heirs of deceased Faqir Hussain. Co-accused Bashir alias Billa was convicted under section 337-E (ii), P.P.C. and was sentenced to undergo R.I. for two years with fine of Rs.10,000 as…

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