Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Penal Code (XLV of 1860)

Section: 302

  (a) Criminal Procedure Code (V of 1898), S. 154-First Information Report recorded by Police Officer at a place other than Police Station- Such a situation would call for care and caution on part of Courts to readily accept prosecution story-Such eventuality, however, not inconceivable and such report not invariably deemed made at spot-Each case to be judged on its own merits and circumstances. (b) Penal Code (XLV of 1860), S. 302-Murder-Sentence Mitigating circumstance-Murder committed by two young sons at behest of father to avenge insult meted out to him by deceased ---Liaison of one of deceased brothers with one of accused's wife involving question of family honour-Sentences of death of all accused persons altered to transportation for life in circumstances. Date of hearing: 24th October 1969. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.---Gulzar, aged 52, and his two sons, Haider and Fazal, aged 32 and 28 respectively, were tried and convicted by the learned Additional Sessions Judge, Dera Ghazi Khan, for the double murder of two brothers, Farid and Rahim, at about sunset time on the 21st of November 1966, in the area of Bait Patti Makwal, Police Station Kala, District Dera Ghazi Khan. They were sentenced to death and have now appealed against their conviction and sentence. Their case has also been referred to us under section 374, Cr. P. C. for the confirmation of the sentences of death. This judgment will dispose of the appeal as well as the murder reference. 2. The relevant background of the case briefly is that about six years before the occurrence, Azim complainant (P. W. 7) and his two deceased brothers were forced to shift their residence from Chah Hasilwala in the revenue estate of Mauza Notak Sikhani, a couple of miles away from their present place, i. e., Bait Patti Makwal, owing to the leakage of the complainant's illicit connection with Mst. Sabali, wife of Haider appellant. The relations between the parties got strained, and the appellants also allegedly disposed of Mst. Sabali in the tribal area. Since then, the parties were not on visiting terms and in fact the police had had recourse to security proceedings against them under sec tion…