Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), ----S. 302-Alibi, plea of-prose cution version that accused was seen on day of occurrence falsified by oral and documentary evidence-Prosecution witnesses inimical and partisan and found to have falsely involved a person as accused-No reliance placed on such witnesses-Charge under S. 302, held, not brought home to accused-Conviction set aside. JUDGMENT MUSHTAQ HUSSAIN MUNIR, J.---Ghulam Qadir (39) and Ghulam Sarwar (36) sons of Fateh Sher, were tried by the learned Sessions Judge, Sahiwal, as ex-officio Addl. Sessions Judge, Mianwali, for Committing the murder of Muhammad Nawaz in furtherance of their common intention, under section 302 read with section 34 of the Pakistan Penal Code and attempted murder of Liaqat Ali P. W. under section 307 read with section 34 of the Pakistan Penal Code. Both of them were found guilty of murder and convicted under section 302/34, P. P. C. while Ghulam Sarwar accused alone was found guilty under section 307, P. P. C. Ghulam Qadir was sentenced to transportation for life and was also fined Rs. 200 under section 302/34, P. P. C. In default of payment of the fine, he was directed to suffer rigorous imprisonment for three months. Ghulam Sarwar accused was sentenced to death and in addition to that, he was also directed to pay a fine of Rs. 200, or in default of the payment of the same, to suffer rigorous imprisonment for three months under section 302/34, P. P. C. He was also convicted under section 307, P. P. C and was sentenced to suffer rigorous imprisonment for two years. In his case, it was further directed that the sentence awarded to him under section 307, P. P. C. and the sentence in default of the payment of the above-mentioned fine, was to take effect only, if the sentence; of death passed on him was not confirmed by the High Court. 2. The convicts have preferred an appeal against their conviction and sentences and the case of Gliulain Sarwar accused is also before us for the confirmation of the death sentence. This judgment shall dispose of the appeal and the murder reference. 3. The prosecution story briefly is, that Muhammad Nawa2 deceased, his sons Ghulam Abbas (P.W. 16) and Liaqat Ali(P.…