Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Witness Credibility-Murder trial-Prosecution witnesses not of type who would falsely imp4cate any person and actually refraining from roping in other persons who could be vitally interested in disputed land-Circumstances indicative of fact that false implication or substitution was not likely--No other confirmatory evidence than attending circumstances, held, needed in case. (b) Penal Code (XLV of 1860) S: 302/34-Murder-Evidence Deceased given two heavy blows on head resulting in multiple frac ture of skull-Accused, held, 'intended to cause injuries sufficient in ordinary course of nature to cause death-Act resulting in death of deceased constituted offence of murder in circumstance. Dates of hearing : 12th, 13th, 14th and 17th November 1969. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-The learned Sessions Judge, Lyallpur has, by his judgment; dated 26th February 1969, con victed Inayat, aged 45 years, Muhammad Rafiq, aged 21 years, Muhammad Sarwar, aged 28 years, and Muhammad Anwar, aged 27 years, under sections 302/34 and 324/34 P. P. C., for having caused the death of Ghulam Haider, aged 33 years, and for having caused injuries to Ghulam Rasul P. W. and his brother Sardar Khan, in the area of Chak No. 591, G. B, (Gangapur), Police Station Lundianwala, District Lyallpur, can the morning of 13th February 1968. For the charge under section 302/34, P. P. C., Inayat, Sarwar and Anwar have been sentenced to death while Rafiq has been sentenced to transportation for life and a fine of Rs. 5,000 to default of payment whereof to suffer five years' R. I. For the charge under section 324/34, P. P. C. all four of them have been sentenced to three years' R.I. The sentence of imprisonment has been ordered to ran concurrently with that of transportation for life in the case of Rafiq while in the case of three others, the sentences of imprisonment are to operate only if their sentences of death are not confirmed, by this Court. The convicts have appealed and the reference under section 378 Cr. P. C., for the confirmation of sentences of death is also before us. Both the matters are being disposed of by this judgment. 2. The facts of the case, as disclosed in tire F.…