Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (YLV of 1860), S. 302-Murder-Witness Evidence-Prosecution duty bound to place all available evidence likely to throw any light upon crime before Court---Withholding of such evidence likely to be treated by Court as flaw in evidence of prosecution-Obligatory for Court to examine such witnesses as Court witnesses-Criminal Procedure Code (V of 1898), S. 540. (b) Penal Code (XLV of 1860), S 302--Murder-Witness Evidence-Eye-witness receiving pistol shot and nothing to doubt his presence at spot nor arty discrepancy in his evidence to cast any doubt about participation of accused in crime-Such evidence also corroborated by natural prosecution witnesses-Mere fact that P. Ws. did not satisfactorily explain manner in which accused suffered injuries--Not enough to discredit that evidence in toto. (c) Penal Code (XLV of 1860), S. 302-Murder-Sentence Accused man-handled immediately prior to occurrence, smarting under and provoked by it-Provocation, however, not grave enough to take case out of S. 302---Sentence of transportation for life, held, proper sentence in circumstance-Sentence of death altered to one of transportation for life in circumstance. JUDGMENT SHAUKAT ALI, J.--Muhammad Hussain (23), Rajput, Zakaullah (23), Jat, and Bashir Ahmad (16). Arain, have been tried for the murder of Abdul Aziz and Gohar Ali and for murderous assault on Imtiaz Ali P. Ws., on the 26th of April 1968, in the ground of District Council High School, Awagat The learned Sessions Judge, Lyallpur, who tried them, convicted them under section 302/34, P. P. C., for the murder of Abdul Aziz and sentenced Muhammad Hussain and Zakaullah to death. Bashir Ahmad was sentenced to transportation for life and a fine of Rs. 1,000, or in default to suffer one year's further R. I. They were also convicted under section 325/34, P. P. C., for the death of Gohar Ali, and sentenced to seven years' R. I. each and a fine of Rs. 5,000 each, or in default to suffer five years' R. I. each. They were further convicted under section 307/34, P. P. C., for murderous assault on Imtiaz Ali P. W., and sentenced to seven years' R. I. each and a fine of Rs. 1,000 each or in default to suffer…