Law:

Section:

Penal Code (XLV of 1860) Ss. 302, 323 & 324 read with S. 34(Murder case]First Information Report lodged by deceased's ,on without loss of time, thereby eliminating possibility of fabrication on part of a boy of 15 yearsPresence of boy witness established by injuries on his personAnimosity though existing between witness's father and accused yet witness not personally involved in such enmity so as to falsely charge accused for his father's murderNot reasonable to infer witness's having substituted accused for real culprits­Evidence of boy witness and other prosecution witnesses amply corroborated by incriminating recoveriesAccused appellants, held, rightly found guilty of committing murder of deceased and causing injuries to deceased's son. JUDGMENT MUHAMMAD YAQUB ALI, J. This appeal calls in question the order of its Division Beach of the Lahore High Court, setting aside the acquittal of Khalil and Ashiq, appellants herein, of offences under sections 302, 323 and 324 read with section 34, P. P. C. and sentencing them to life imprisonment each for committing the murder of their covillager Wazir Ali and a sentence of two years each for causing injuries to his son Maqbul Ahmad, P. W, g, The occurrence took place at about noon time on 17th June, 1966, in the area of Village Langoke, District Lahore. The First Information Report of the incident was lodged by Maqbul Abamd, P. W. 8, at 1,30 p. m. at Police Station Raiwind, 5J miles distant from the place of occurrence. It was stated in the report that the informant and the deceased were returning to the village from their fields where they had gone to collect fodder for the cattle when the appellants and the acquitted coaccused, Muhammad Anwar, waylaid them near the public path. Khalil was armed with a toka, Ashiq with a churri and Muhammad Anwar with a pistol. , Ashiq was the first to take the deceased in his grasp whereupon Khalil gave him repeated blows with the toka. After the deceased had fallen on the ground, Ashiq took out the churri and caused injuries with it on the neck of the deceased, literally slaughtering rim like a goat. During the assault, Muhammad Anwar stood nearby, armed with a pistol, to ward…

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