Law:

Section:

(a) Penal Code (XLV of 1860)---.--- ---.--- S. 302(b)---.---Appreciation of evidence---.---Presence of eye-witnesses at the place of incident was not disputed who had unequivocally stated that when the tight started accused inflicted knife injury on the vital part of the body of the deceased---.---Although the accused might not be having any intention to murder the deceased, yet he had the knowledge that the injury inflicted by him was likely to cause death of the deceased---.---Conviction of accused under S.302(b), P.P.C. was, therefore, upheld but his sentence of death was reduced to imprisonment for life in circumstances. (b) Penal Code (XLV of 1860)---.--- ---.--- S. 302---.---Appreciation of evidence---.---Interested witness---.---Mere relationship of a witness with the deceased does not make him an interested witness if otherwise his presence on the spot at the relevant time is proved, his credibility remains unshaken and his version inspires confidence and satisfies the conscience of the Court. (c) Penal Code (XLV of 1860)---.--- ---.--- Ss. 302, 324, 147 & 149---.---Appreciation of evidence---.---Neither any charge under S.324, P.P.C. was framed nor anybody from the complainant side had received any injury at the hands of accused---.---No specific role had been attributed to any of the accused and in the absence of common intention they could not be held responsible jointly except for their individual acts -Incident had taken place at the spur of the moment---.---One accused though was alleged to have been armed with a pistol, yet he had not used the same, nor any overt act was attributed to him except a "Lalkara" and he had played no role in the murder of the deceased---.---Accused were acquitted in circumstances. Shahabuddin v. The State PLD 1964 SC 177 ref. THIS JUDGMENT DELIVERED BY: AMAN UL ALLAH KHAN, JUSTICE: -.--- Appellants Muhammad Ashraf son of Qadir Bakhsh, Bahar, Haji Dur Muhammad and Akram sons of Bahar, Dil Jan son of Qadir Bakhsh and Muhammad Rafiq son of Khuda Bakhsh were tried by the learned Additional Sessions Judge, Panjgoor under sections 302/ 147/ 148/ 149, P. P. C. for committing the murder of deceased Izzatullah and causing…

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