Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302/34-[Murder-case]-Prosecution witness not alleged to be on inimical terms with accused and no ground for such witnesses to falsely implicate innocent persons-Motive for offence being weak-Of no consequence in Lace of existence of direct evidence regarding involve­ment of accused in murder-Pact of witnesses not being able to give exact number of injuries-Does not affect veracity of eye-witnesses­ Usually not possible to count injuries in confusion and excitement of fatal attacks Accused, held, rightly convicted for offence of murder.-[Evidence]. JUDGMENT WAHEEDUDDIN AHMED, J.-This appeal by special leave is directed against the judgment of the Lahore High Court dated the 28th July, 1972 in Criminal Appeals Nos. 330 and 331 of 1970 (Murder Reference No. 118 of 1970). By this judgment, the appeals were dismissed and the death sentence of both the appellants was confirmed. The appellants Abdul Hakeem and his brother Dur Mohammad were tried by the learned Additional Sessions Judge, Dera Ghazi Khan under section 302/34 P. P. C. for the Murder of Mst. Rahiman, a divorced wife of Abdul Hakeem appellant. Both of them were convicted under section 302/34, P. P. C. and sentenced to death. The appellants challenged this judgment in the Lahore High Court and a Division Bench of the High Court, by judg­ment dated the 28th July 1972 in Criminal Appeals Nos. 330 and 331 of 1970 (Murder Reference No. 118 of 1970), dismissed the appeals and confirmed the death sentence. The appellants challenged this judgment in Petition for Special Leave to Appeal No. 226 of 1970 and leave was granted to them on the 10th January, 1970, for the consideration of the following contentions :---- (1) that no reliance could be placed on the prosecution evidence in this case, as the Investigating Officer had acted clearly dishonestly in planting on the petitioners the recovery of weapons of offence stained with human blood; even though the petitioners were alleged to have escaped with their weapons by swimming across the river Indus, they were arrested 13 days after the incident and the hatchets were recovered after another 13 days from the date of arrest ; (2)…

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