Law: Criminal Procedure Code (V of 1898)

Section: 302,337A(i)(ii),337-F(i)(iii)/34

Pakistan Penal Code, 1860 (XLV of 1860)-----Ss. 302, 337-A(i)(ii), 337-F(i)(iii)/34--Appreciation of evidence--Sentence, reduction in--Complainant party and accused were neighbours--No ill-will or enmity existed between the parties prior to occurrence--Injuries on the person of accused were proved through medical evidence--Deliberate delay in recording F.I.R. which was not explained, would adversely affect prosecution case--Occurrence did not take place in the manner as was stated by PWs and they had exaggerated the role of accused--Facts of the case had attracted provisions of Exception 4 of S. 300, P.P.C. (old)--Conviction of accused was altered from offence u/S. 302(b), P.P.C. to offence u/S. 302(c), P.P.C., in circumstances--One of accused persons who was in jail since his arrest had spent more than eight years in confinement--Bail order of co-accused passed during pendency of appeal had revealed that he was 85 years of age with very weak health and weak eye-sight and his sentence was suspended after he had served out 2 years, 5 months and 25 days in jail--Sentence of both accused was reduced to the period already served by them in jail as same would meet the ends of justice--Conviction of both accused recorded for offences u/S. 337-A(i)(ii) and 337-F(i)(iii), P.P.C. was set aside. PLD 1996 SC 274 ref. Judgment Muhammad Farrukh Mahmud, J.--This judgment will dispose of Criminal Appeal No. 1509 of 2001 filed by Bashir Ahmad and Ghulam Ali, who were convicted and sentenced by the learned Additional Sessions Judge, Okara, in case F.I.R. No. 374, registered at Police Station Saddar Renala Khurd, District Okara, on 4-7-1998, for offences under Sections 302/34/337-A(i), (ii)/337/F(i), (iii), P.P.C., vide his judgment, dated 29-9-2001 as under:- (A) (1) Bashir Ahmad Death with compensation of Rs. 1,00,000 or in default six months' R.I. under Section 302(b), P.P.C. (2) Ghulam Ali Life with compensation of Rs. 1,00,000 or in default six months' R.I. under Section 302(b), P.P.C. (B) Five years' R.I. to both the appellants with Daman amounting to Rs. 2,000 under Sections 337-A(i), (ii) and 337-F(iii), P.P.C. Murder Reference No. 648 of 2001 for confirmation or…

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