Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302-Maxim: Falsus in uno falsus in omnibus--Occurrence a daylight affair Deceased undoubtedly in a position to identify assailants giving hatchet blows on his head-Held, people do add innocent persons alongwith guilty, identified guilty persons cannot be left out altogether-Grain has to be sifted from chaff in such circum stances of case.-[Maxim] Muhammad Hussain v. The State P L D 1960 S C 387 and Tawaib Khan and another v. The State P L D 1970 S C 13 ref. (b) Penal Code (XLV of 1860)-- -- S. 302-Occurrence a daylight affair-Presence of eye-witnesses admitted by appellants-Deceased naming in dying declaration giving of injuries by appellants-Hell, deceased and eye-witnesses witnessed occurrence and in a position to identify assailants. (c) Penal Code (XLV of 1860)- --- S. - 302-Evidence, appreciation of-Benefit of doubt-Accused having no direct motive and hatchet recovered from him not stained with blood-Mere recovery of hatchet does not connect accused with participation of crime-Accused not injured Held, no circumstantial guarantee or judicial certainty of participation of accused. [Benefit of doubt] (d) Penal Code (XLV of 1860)- ---- S. 302-Witness-Mere relationship held, not sufficient to discard testimony. [Witness]. (e) Penal Code (XLV of 1860)---- - S. 302-Sentence-Mitigation-Parties living in same village-No serious enmity existing between them and their lands contiguous--- Exchange of abuses preceded attack-Lesser penalty of life imprison ment, held, would meet ends of justice, in circumstances. [Sentence]. JUDGMENT MUHAMMAD MUNIR KHAN, J.-This Criminal Appeal No. 1111 of 1980, connected Murder Reference No. 254 of 1980 and Criminal Revision No. 2 of 1981 (Multan) filed by Allah Bakhsh, P. W. 12 against Muhammad Nawaz and others arise from the judgment of the learned Additional Sessions Judge, Vehari, whereby, he, on 18-9-1980 evicted the appellants, Muhammad Nawaz, aged 30 years and Mushtaq Ahmed, aged 25 years presumably under section 307./34 of the Pakistan Penal Code for causing the death of Muhammad Sharif, aged 28 years and sentenced each to death and a fine of Rs. 500, or in &fault thereof to further…