Law:

Section:

JUDGMENT

This judgment wil conclude two criminal appeals No. 22/1986 filed by Attaulah and Akhtar Nawaz against their conviction and Criminal Appeal No.9/88 brought by the State to cha lenge the acquittal of Banaras, Akhtar Mehmood and Sultan Mehmood as through the impugned judgment of the learned Additional Sessions Judge, Haripur dated 5-8-1987 the former were convicted under Section 302/307/34 P.P.C. while the latter were acquitted of the same charge. The appelants were found guilty of the murder of Sher Mohammad and attempted murder of P.W. 7 Mir Afzal and were accordingly convicted under section 302/34 P.P.C. and each one of them was sentenced to imprisonment for life and under section 307/34 P.P.C. each one was awarded 4 years' R.I. They were also ordered to pay a fine of Rs. 5,000 each, which on recovery wil be payable to the legal heirs of the deceased in terms of Section 544-A Cr. P.C. or in its default each was to suffer two years.

2. P.W. 7 Mir Afzal is the first informant in this case who in his report lodged on 13-3-1984 at 19-10 stated that on return from Bazar to his house at Digar Vela when he, his brother Sher Mohammad deceased and Attaulah (appelant) of his vilage reached a place known as "Patna", there Attaulah ca led out Akhter Nawaz (appe lant), Banaras, Sultan Mchmood and Khalid Mehmood (acquitted accused). It was further a leged that accordingly Akhtar Nawaz and Banaras came out armed with shot-guns while Sultan Mehmood and 'Khalid Mehmood emerged with pistols. Attaulah also ran and brought a shot-gun with which he fired one shot at the accuser which hit him in his chin and wounded. Sultan Mehmood and Khalid Mehmood then fired with pistols while Akhtar Nawaz and Banaras fired with shot-guns at his brother which injured him. Taj Mohammad P.W. 8 was named as eye-witness while a strife between Attaulah (appelant) and the informant was shown as motive for the crime. Sher Mohammad then succumbed to his injuries the same day at 19.20 p.m.