Law:

Section:

AJ&K Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/34--Criminal Procedure Code, (V of 1898), Ss. 417, 426--Conviction and sentence awarded to accused--Criminal jurisdiction--Dissenting views--District Qazi convicted and Session Judge acquitted--Member dissenting and acquitted--Assailed--Appreciation of evidence--Held: Benefit of doubt--Ocular version--An enmity was prevailing between the parties--No crime empty of gun was recovered from the place of occurrence--Ocular version was contradicted by the medical reports--Eye-witnesses and attesters of the recovery memos were closely related to deceased and were inimical towards the accused persons--No corroborative material from some independent source in support of the prosecution story was brought on record and the deposition of eye-witnesses and attesters was not worth consideration--Held: Prosecution story being highly doubtful was not worth relying--District Qazi failed to appreciate the facts while Sessions Judge by applying its judicial mind arrived at a correct decision--Accused person were acquitted of the charges by extending benefit of doubt. Judgment The above titled appeal and reference arise out of the proposed orders of the learned members of District Court of Criminal Jurisdiction, Bhimber giving dissenting views whereby District Qazi convicted and awarded death sentence under Section 302, A.P.C and one year simple imprisonment under Section 13/20/65, A.A to accused Muhammad Aslam and Muhammad Ilyas while the other member learned Sessions Judge acquitted them. 2. The necessary facts are that a case under Sections 302/109, 34 A.P.C was registered at Police Station, Barnala on the complaint of Muhammad Ismail. It was reported that on 20-11-2000 at 2.20 p.m. a buffalo was injured due to Indian firing. Ali Asghar alias Israel s/o Muhammad Khan and Jamil Akhtar s/o Muhammad Ismail went to see the injured animal. While coming back when reached at the place known as Nabin, Muhammad Aslam s/o Gul Muhammad and Muhammad Ilyas s/o Muhammad Hussain who way laid attacked them. Muhammad Aslam fired a burst with Kalashnikovs which hit Ali Asghar. Muhammad Ilyas accused sitting at a short distance also targeted…

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