Law:

Section:

Penal Code (XLV of 1860)--- -- S. 302/34-[Murder-case]-Evidence, appreciation of-Extra-judicial confession of accused allegedly made to a person neither lambardar, nor B. D. Member, nor belonging to accused village or knowing, him-Such person being in no position to help accused, accused approach to such person not likely- Accused not taken to a Magistrate to get his statement recorded formally although S. H. O. possessed of a jeep when meeting accused-Extra-judicial confession, held, not in circumstances worthy of belief-Parties very much on inimical terms-Witnesses generally interested and their statements not devoid of contradictions and misstatements-No proper identifica­tion of recovered articles made in an identification parade before a Magistrate-Shirts allegedly taken from bodies of deceased not proved to hive been taken from dead bodies as alleged-Recoveries fake--No reliable evidence connecting accused with murder-Accused acquitted to circumstances.--[Evidence-Confession]. JUDGMENT QAISIR KHAN, J.-Gulab Ali atlas Gulabu son of Sher Muhammad alias Shera, Allah Ditta son of Allah Bakhsh alias Bakhsha and Mangu son of Sikandar residents of Chak No. 326/HR of the Marot Police Station of Bahawalnagar District were tried by the Sessions Judge, Bahawalnagar on charges under section 302/34 of the Pakistan Penal Code (two counts) and 201/34 of the Pakistan Penal Code. By his judgment dated the 10th of July 1971 the learned Sessions Judge acquitted them of the charge under section 20 1 /34 of the Pakistan Penal Code but convicted them under sec­tion 302/3; of the Pakistan Penal Code on both the counts. Allah Ditta was sentenced to death on both the counts while the other two were sentenced .to transportation for life on both the counts. The three convicts jointly appealed to the High Court against the order of their convictions and sentences and the death sentences of Allah Ditta were also referred to the High Court for confirmation The High Court by its judgment dated the 6th of April 1973 acquitted Mangu accused and dismissed the appeal of the other two confirming the death sentences of Allah Ditta. Allah Ditta alone filed petition for special leave to appeal…

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