Law: Penal Code (XLV of 1860)

Section: 302, 148, 149

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 22nd January 1969, in Criminal Appeal No. 425 of 1968/Murder Reference No. 149 of 1968).   Penal Code (XLV of 1860), ----- ----S. 302/148/149-Murder Prosecution witnesses interested and enmity existing between parties High Court held fully justified in circumstances to hold that their evidence could be accepted only when corroborated by some other reliable evidence--Sua recovered from accused found by Serologist as blood-stained-High Court, held, perfectly justified in convicting accused on consideration of eye-witnesses' evidence in light of such corroborative evidence. Date of hearing ; 24th February 1970. ORDER WAHIDUDDIN AHMAD, J.-Petitioner Muhammad Ali, along with his two brothers Muhammad Ashraf and Muhammad Anwar and his cousin Muhammad Iqbal and his paternal uncles Abdul Karim and Fazal Haq, was tried by the learned Additional Sessions Judge, Sialkot for the murder of a co- villager Muhammad Saleem under section 302/148/149, P. P. C. after forming an unlawful assembly with the object of murdering the deceased on the 6th January 1967, in the sugarcane field of Ghulam Hussain and Fazal Hussain in the area of village Gohad pur, Tehsil and District Sialkot. The learned Additional Sessions Judge acquitted Abdul Karim and Fazal Haq by judgment dated the 29th May 1968 but convicted the petitioner and his two brothers Muhammad Ashraf and Muhammad Anwar and his cousin Muhammad Iqbal under sections 302/34, P. P. C. and sentenced each of them to death. This order was chal lenged in Criminal Appeal No. 425 of 1968 in the High Court of West Pakistan, Lahore. A Division Bench of the West Pakistan High Court, by judgment dated the 22nd January 1969, acquitted the petitioner's brothers Muhammad Ashraf and Muhammad Anwar and his cousin Muhammad Iqbal but maintained the conviction and sentence of the petitioner. The petitioner seeks special leave to file an appeal against the said judgment. The prosecution case is that on the 6th January 1967 at Shahwela, the deceased Muhammad Saleem was going to his field to fetch sugarcane. When he reached near the village dera,…