Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 15th January 1959, in Criminal Appeal No. 334 of 1958). (a) Penal Code (XLV of 1860),  S. 302-Evidence-Accused running in pursuit of, and firing at fleeing deceased-Distance between victims and assailants, in circumstances, fluctuates-Eye witness can form only a very rough idea of distance-Witness's statement as to distance cannot, in circumstances, be reasonably taken as accurate. (b) Penal Code (XLV of 1860), S. 302-Evidence-Only few out of many injuries on persons of deceased found charred-No conclusion can be drawn that injuries were caused from very close range-Little trace of burning there is beyond a yard. "Identification of Fire-arms and Forensic Ballistics" by Gerald Burrard, p. 58 ref. Taylor on Medical Jurisprudence, Vol. 1, 10th Ed-n., p. 441 re 1. (c) Evidence-Deceased receiving gun-shot injuries on side -and front while running and being pursued by assailants- Contention that in circumstances injuries could not have been caused on side and front, held, not correct-Natural in circumstances, for fleeing deceased to turn round to see and find direction not covered by pursuers. Date of hearing : 12th October 1959. JUDGMENT SHAHABUDDIN, J.-This is an appeal by special leave from the judgment of the High Court of West Pakistan, Lahore, by which the convictions and sentences of death imposed for the murders of Muhammad Yar and Dost Muhammad on the appel lants, Muhammad Khan, Amir Khan and Saleh Muhammad were confirmed, and their appeal was dismissed. The case for the prosecution was that on the morning of the 27th September 1956, while deceased Dost Muhammad was ploughing a field and deceased Yar Muhammad was attending to its ridges the three appellants along with four others, who were also convicted by the trial Court but were acquitted by the High Court, came to that field, two of them, appellants Muhammad Khan and Saleh Muhammad armed with pistols or revolvers, and the other accused with guns. Seeing them the two deceased persons ran towards north and the seven accused started firing at them while pursuing them. After having run a distance…