Law: Penal Code (XLV of 1860)

Section: 302

(Bahawalpur) and Murder Reference No. 9 of 1969, decided on f 21st October. 1969. Penal Code (XVL of 1860), S. 302-Afurder--Prosecution witnesses' consistent account of occurrence corroborate"' by one independent witness as well as by medical evidence and Ballistic Expert's report-Nothing to suggest that witnesses were not present at spot-Mere fact o/their relationship with deceased, held, cannot by itself be a ground to discard their testimony-Death sentence of principal accused confirmed in circumstances-Part assigned to co-accused a mere proverbial lalkara-Such allegation, held, frequently made to implicate innocent persons-Co-accused, in circumstances of case, acquitted as a matter of abundant caution. Date of hearing: 17th September 1969. JUDGMENT SHAUKAT ALI, J.-Muhammad Shafi (26) and his paternal uncle Abdul Hamid (50), cultivators by profession, residents of Basti Kawanwali, within the jurisdiction of Police Station Dunga Bunga, have been convicted for having murdered Muhammad Sharif by shooting, on 13th July 1967, at 4 p.m. in village Faqir Shah, District Bahawalnagar. The learned Additional Sessions Judge, Bahawalpur, found them guilty of the charge. Muhammad Shafi was sentenced to death and Abdul Hamid was ordered to suffer transportation for life. The convicts appeal. There is a usual reference under section 374, Cr. P. C., for the confirmation of sentence of death of Muhammad Shafi. 2. The prosecution case is that on 13th July 1967, at about 4 p.m., Muhammad Sharif accompanied by his son, Muhammad Amin P. W., went to the shop' of Shah Muham mad P. W., where he called Faiz Muhammad and Muhammad Bilal P. Ws., for the payment of land revenue. Both of them assured that they would make the payment the next day. Muhammad Sharif deceased proceeded towards his house followed by his son Muhammad Amin, Faiz Muhammad and Muhammad Bilal P. Ws. On the way, when Muhammad Sharif reached near the house of Muhammad Shafi, both the accused emerged from there. Muhammad Shafi was armed with a .12 bore pistol while Abdul Hamid was empty-handed. Both the accused raised a lalkara while Muhammad Shafi fired a shot at Muhammad Sharif. The shot hit…