Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Penal Code (XLV of 18617) S. 302/34-Murder trial-Benefit of doubt----Evidence of prosecution witnesses of highly partisan nature and not independently corroborated from unimpeachable source-Parties admittedly on inimical terms and prosecution witnesses belonging to rival party of deceased-Material contra dictions in statements of witnesses claiming to be eye-witnesses of -fatal assault on deceased--Prosecution witnesses making improve ments on their statements siren to police and trying to suppress their relationship inter se-Possibility existing of one or two accused having bees: falsely implicated--Held: Not safe to maintain convictions of accused in circumstances. (b) Penal Code (XLV of 1860) S. 302; 34-Murder trial-Recovery---empty recovered from spot and lead pieces of bullets recovered from a wall as also recovered rifle not sent to Ballistics Expert for opinion-Recover of rifle in circumstances, held, not by itself sufficient to prove its use in perpetration of crime. M. Saleem and Azhar Hafeez for Appellants. Date of hearing : 2nd March 1970. JUDGMENT BASHIRUDDIN AHMAD, J.-Eight persons, namely, Bahadur (52), Shera 132), Aslam (27), Walayat (32), inayat (35), Yousaf (37), Ishaq (40) and Muhammad Khan (30) were tried for offences under sections 148, 302,/149 and 307/149, P. P. C. by the Additional Sessions .fudge, Gujrat, who convicted and sentenced them as below :- Bahadur to suffer death for the murder of Zaman and the rest to transportation for life under 'section 302,/149, P. P. C; to undergo rigorous imprisonment for two years each under section 307/149, P. P. C. and to undergo rigorous imprisonment for one year each, under section 148, P. P. C. The sentences were ordered to run concurrently in case of all the accused except that the sentence of imprisonment passed on Bahadur was to take effect in the event of his death sentence being not confirmed by this Court. 2. The convicted persons appealed and the case is also before us, on reference under section 374, Cr. P. C. so far as Bahadur is concerned for confirmation of the death sentence. Ghulam Husain filed Criminal Revision No. 339 of 1969 for enhancement of sentences of the accused other…