Law: Penal Code (XLV of 1860)

Section: 302(0),308,364,109,34

(a) Penal Code (XLV of 1860) Ss. 302(0), 308, 364, 109 & 34 Appreciation of evidence Accused claiming themselves to be minors at the time of occurrence and stressing that their trial with adult co accused stood vitiated, had not moved the Trial Court for separation of their trial, which had already taken a lenient view while convicting them under S.308, P.P.C. instead of 5.302, P.P.C. No prejudice, thus, had been caused to the said accused by the joint trial and no useful purpose could be served by remanding the case for retrial at such belated stage Objection raised on behalf of the accused, therefore, was overruled Complainant had fully explained the delay in lodging the F.I.R. Prosecution case was based on circumstantial evidence comprising mainly of the last seen evidence ¬Prosecution witnesses, though closely related to the complainant and to the deceased, had no previous enmity against the accused for their false implication in the case Prosecution witnesses were consistent in their statements regarding the deceased having been seen for the last time in the company of the accused, who were truthful witnesses and their testimony was fully corroborated by medical evidence and the recovery of the dead body Convictions and sentences of accused were maintained in circumstances Since acquittal of accused under S.302; P.P.C. was not challenged by the complainant or prosecution, sentences awarded to accused were ordered to run concurrently with benefit of S.382 B, Cr.P.C. The State v. Manzoor Ahmad PLD 1966 SC 664 and Rehmat alias Rahman alias Waryam alias Badshah v. The State PLD 1977 SC 515 ref. (b) Penal Code (XLV of 1860) Ss. 302(b), 364, 109 & 34 Appreciacion of evidence Accused were fathers of co accused and were not nominated in the F.I.R. ¬Complainant had implicated the accused in his supplementary statement ¬No evidence had been brought on the record by the prosecution to link the accused with the commission of the crime No evidence of abetment had been recorded during the trial Mere pointation of place of burial of the dead body by one accused or recovery of "Kassi" at the instance of other accused did not connect them with the murder of the…

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