Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Appraisal of evidence---Sentence, reduction in---Promptly lodged F.I.R. had excluded all chances of deliberation and consultation---Accused was directly nominated in the F.I.R. with the specific role of firing resulting in the murder of the deceased---Eye­witnesses had fully supported the prosecution story and though they were related to the deceased, yet they had no previous enmity, ill-will or grudge against the accused---Eye-witnesses had remained consistent regarding time, place of occurrence and the manner in which the incident had taken place---Participation of acquitted co-accused in the occurrence being highly doubtful, case of accused was distinguishable and not at par with that of his co-accused---Impugned of High Court was supported with reasons based on record and did not suffer from any misreading, non-reading or not appreciating the evidence in its true perspective---Accused was in death cell for the last about 14 years, motive was alien to him and co-accused charged for firing had been acquitted---Conviction of accused was upheld, but his sentence of death was converted to imprisonment for life with benefit of S.382-B, Cr.P.C. in circumstances. (b) Penal Code (XLV of 1860)--- ---S. 302(b)--- Evidence--- Related witnesses--- Credibility--- Mere relationship of the witnesses inter se and with the deceased is not sufficient to term them as interested witnesses, unless it is found that there was any previous enmity or ill-will between the parties and the witnesses had a motive to falsely implicate the accused in a criminal case. JUDGMENT IJAZ-UL-HASSAN KHAN, J.--- Appellant Faiz Ahmed son of Noor Muhammad aged about 25 years and his maternal uncle co-accused Muhammad Ashraf son of Mian Khan, aged about 52 years, both residents of village `Dingi' Par Nasiba, Hafizabad, were tried by learned Additional Sessions Judge, Hafizabad on the charge of having, on 21-12-1994sat about 1-45 p.m. in the precincts of police station Sukheke, committed murder of Mst. Noor Anisa, daughter of complainant Inayat Ullah, a young girl of 21/22 years of age. At the conclusion of trial, vide judgment dated 30-8-1999, appellant…

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