Law: Penal Code (XLV of 1860)

Section: 302, 34

Penal Code (XLV of 1860) S. 302/34-Murder-First informant (on information supplied by R, a prosecution witness) not disclosing name of accused but merely stating that "deceased was murdered by his enemy"-Omission to name accused specifically explained by R to be on account of threat of his own murder held out to him by accused-R found disinterested and his evidence corrobo rated by recoveries-Held : Omission to name accused in F. I. R., of no consequence in circumstances of case. Date of hearing : 16th July 1969. JUDGMENT DORAB PATEL, J.-The appellants Fateh Muhammad and Shahan. are cousins and they were tried under -section 302/34, P. P. C. with Karimbux, a brother of the said Fateh Muhammad, and Ghulam Rasul, a mutual cousin, for the-murder of Gulab "Jalbani deceased. By his judgment dated 15th July 1968 learned Sessions Judge acquitted the said Ghulam Rasul and Karimbux and convicted the appellants under section 302, P. P. C. and sentenced them to death. The appellants have filed 'an appeal against their conviction and sentence and the case is also before us for confirmation of the sentence of death passed by the learned Sessions Judge, therefore, we shall dispose of the appeal and the reference of the learned Sessions Judge by this judgment. 2. According to the prosecution the material facts are as follows :- Gulab deceased and his brother P. W. Gohram lived in village Noor Md. Jalbani, Tal: Shahdadkot. The appellants and the acquitted accused had lived in that village about seven years before the occurrence, but had left it because Murad Ali, the brother of the appellant Fateh Muhammad and the acquitted accused Karimbux, had been murdered, Ghulam Kadir and P: W. Gohram, brothers of Gulab deceased, had been tried for that murder and acquitted. After their acquittal, the appellants had left the village Noor Md. Jalbani, but about one month before the occurrence they had returned to this village in order to avenge Murad Ali's murder. Gulab deceased and P. W. Abdul Rahman Jett were- cultivators of the land of Dodo Sonani, the local nekmard, and the fields where they worked were about one mile from the village Noor Md. Jalbani. On 8th…