Law: Penal Code (XLV of 1860)

Section: 302

  (a) Penal Code (XLV of 1860), S. 302---Murder---Witness--- Recovery witness-Witness to recoveries of crime weapons closely related to victims of crime-Recovery evidence excluded from con sideration. (b) Witness-Evidence-Eye-witnesses related inter se and closely related to victim as well---Evidence of such witnesses excluded from consideration. (c) Witness-Evidence-Witness inimical to accused-Evidence of such witness excluded from consideration. (d) Criminal trial-Prosecution case cannot be thrown out for an irregularity on part of Police Officer. (e) Penal Code (XLV of 1860), S. 302 - Murder - Capital sentence - Crime committed in cold blood and no extenuating circumstance present-Sentence of death confirmed. Date of hearing: 27th March 1970. JUDGMENT BASHIRUDDIN AHMAD, J.---Asghar (36), his elder brother Shaukat (28) and their uncle Munir (40) were tried on a charge of double murder of Abdul Aziz and Abbas and attempted murder of Muhammad Akram, in furtherance of their common intention, on November 12, 1967, by the Additional Sessions Judge, Lahore, Camp Sheikhupura, who acquitted Shaukat and Munir on both the charges and convicted Asghar on each count under section 302, P. P. C. to suffer death. He was also convicted under section 307, P. P. C. for attempt at the life of Akram and was sentenced to transportation for life. The sentence of imprisonment was ordered to take effect in the event of death sentence being not confirmed by this Court. 2. The condemned-person appealed and the case is also before us under section 374, Cr. P. Code for confirmation of the death sentence. Muhammad Ashraf, the father of Asghar, filed Criminal Appeal No. 112 of 1969, from the order of the trial Judge confiscating the shot gun, Exh. P. 8, to the State. We propose to dispose of the appeals and the reference by a Single Judgment. 3. Shortly stated, the facts are that on the eventful day, at peshi-vela, Arshad had gone to the shop of Asghar at Nangal Waris Klian for purchasing a packet of cigarettes. They had a controversy over the price and the appellant abused Arshad who returned the abuse. Abbas deceased, who was returning from the well of Akram, took offence at the…