Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Eye-witnesses and deceased closely connection inter se and inimical to accused--Corroborative evidence disbelieved and recovery of incriminating articles found highly doubtful-Prosecution examining any disinterested witness from locality of occurrence violence on capital charge, held must come from unimpeachable or at least supported by some strong circumstance such as might remove inherent doubt attaching to interested and partisan witnesses-Charge against accused not proved beyond reasonable doubt-Conviction and sentences set aside. JUDGMENT BASHIRUDDIN AHMAD, J.-Five persons, namely, Sultan alias Sullah (46), Shahmand (31), Gami (29), Farid (33) and Muhammad (31) were tried on charges under sections 148 and 302/149, P. P. C. by the Additional Sessions Judge, Lyallpur at Jhang, who .acquitted Muhammad of both the charges. The result was that the charge under section 148, P. P. C. against the rest also fell through. He convicted Sultan alias Sullah, Shahmand, Gami and Farid under section 302 of the Pakistan Penal Code. Sultan, Gami and Shahmand were sentenced to suffer death. Farid was awarded the lesser punishment provided under section 302, P. P.C. and was sentenced to transportation for life. 2. The convicted persons have appealed and the case of Sultan, Gami and Shahmand is also before us on reference under section 374, Cr. P. Code for confirmation of sentence of death. This judgment will dispose of the appeal as well as the reference. 3. Farid and Muhammad are real brothers. They are Naul by caste and are the residents of village Habib. Gami and Shahmand are brothers and Sultan is their real paternal-uncle. They are Mochis and belong to village Thatha Mustafa, District Jhang. 4. Fifteen or sixteen years before the present occurrence, Hayat, a maternal-uncle of Sardool, the deceased person in this case, abducted Mst. Mundan, daughter of Kaura Naul, who was the father's sister's daughter of Farid accused. Mst. Mundan died within a couple of days of her abduction. 5. Ten or eleven years prior to the occurrence under consideration. Farid accused and Allahditta, son of Salehon Naul Murdered Mst. Nuri, the wife of…