Law: Penal Code (XLV of 1860)

Section: 302, 307

  Penal Code (XLV of 1860) Ss. 302 to 307 - Murder -Proof-Evidence of natural eye-witnesses supported by circumstantial evidence, independent and disinterested witness and production of crime gun and cartridges by accused-Conviction maintained. Date of hearing: 12th November 1968.   JUDGMENT KHAMISANI, J: The appellant Ramzan has been convicted under sections 302 and 307, P. P. C. and sentenced to transporta tion for life and fine of Rs. 500 or in default rigorous imprisonment for six months and rigorous imprisonment for three years and fine of Rs. 500 or in default rigorous imprisonment for six months more respectively. The sentences of imprisonment have been ordered to run concurrently. The appellant has filed this appeal. 2. The facts of the prosecution case briefly are that Bahawal had borrowed a bullock from the appellant for slaughtering the same on the occasion of his brother's marriage. He, however, did not slaughter it but left it with Yousuf in trust for being sold subsequently. The appellant probably felt annoyed because he thought that the bullock had been fraudulently taken from him on the pretext of being slaughtered on the occasion of his brother's marriage. He, therefore, went on 12th September 1965 at about noon time armed with his licensed gun to the house of Yousuf and asked him to give him back his bullock. Yousuf told him that he could not return the bullock as Bahawal had left it with him in trust. The appellant, however, insisted on getting back the bullock and even threatened Yousuf for taking it away forcibly. Because Yousuf refused to hand over the bullock to him, the appellant tried to untether it and take it away. Yousuf and Uris prevented the appellant from taking away the bullock on which the appellant fired his gun at Yousuf as a result of which Yousuf, although not hit, fell down on the ground either out of shock or on account of protecting himself from further shots being fired apt him. The; appellant, when he saw that Yousuf had fallen on tire ground, probably thought that he had been hit. He, therefore, started running away and was followed by Moula Bux and others with a view to catch him. The appellant then…