2008 YLR 1427 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD KHAN alias MAMMAN VS State Appreciation of Evidence--TERM , Pakistan Penal Code 1860--302 , S.302(b)---Appreciation of evidence---Despite the occurrence having taken place during the night, identification of accused by the complainant and other eye-witnesses was conveniently possible, as he had been living at the "Dera" of the complainant for the last four years---Complainant had adequately and satisfactorily explained the delay in lodging the F.I.R.---Occurrence having taken place in her quarter, complainant was a natural witness and her presence and availability at the spot at night was believable---Reasons for the presence of other two eye-witnesses near the place of occurrence at the relevant time were also acceptable, who had no reason to falsely implicate accused---Even if the said two witnesses were taken out of consideration, still the solitary statement made by the complainant was by itself sufficient to hold the accused guilty, being the most natural witness, whose evidence was corroborated by the evidence of motive and medical evidence---Denial of the deceased lady of her Nikah with the accused coupled with his physical eviction from the land/Dera must have frustrated the accused---Accused had acted under the command of his elder brother and had not repeated the fire---Occurrence had taken place almost a decade earlier and enhancement of sentence of accused to death at such late stage was not proper---Conviction and sentence of accused were upheld in circumstances with enhancement of compensation payable to heirs of the deceased.