Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-ocular evidence and evidence of recovery of crime gun disbelieved-F. I. R. prepared after taking investigation in hand-Not a single witness of locality of occurrence produced to support charge-Evidence on capital charge, held, must come from unimpeachable source and to be supported by strong circumstances such as might remove inherent doubt attaching to interested or inimical evidence-Convic tions and sentences set aside in circumstances. Dates of hearing : 20th, 21st; 22nd and 23rd January 1970. JUDGMENT SHAUKAT ALI, J.-The six appellants, namely, Muhammad Shafi alias Shaft (29), Khalil Ahmad alias Khalil (33), Umar Hayat (24), Abdul Aziz (31), Latif (51) and Khurshid (40/41), have been convicted under sections 302/149 and 148, P. P. C., by the Sessions Judge, Lyallpur Division, Lyallpur. Umar Hayat was sentenced to death under section 302/149, P. P. C. while Muhammad Shafi, Khalil Ahmad, Abdul Aziz, Latif and Khurshid to transportation for life and a fine of Rs. 1,000 each, or in default of payment of fine to undergo further R. I. for one year each. . All the six were sentenced to suffer one year's R. I. each under section 148, P. P. C. The sentence of imprisonment in the case of Umar Hayat was to take effect only and to run concurrently if his death sentence was not confirmed. The sentences of imprisonment of the remaining five appellants were ordered to run concurrently. Muhammad Sharif, who was tried under section 302/149, P. P. C., was acquitted of the charge. The convicts have appealed against their convictions and sentences and there is usual reference for the confirmation of the sentence of death passed on Umar Hayat. This judgment will dispose of the appeal and the reference. Khalil Ahmad and Muhammad Shafi are brothers. Umar Hayat is the maternal cousin of Muhammad Shafi and Khalil Ahmad. Muhammad Sharif is uncle of Umar Hayat. Abdul Aziz is their close relation. Khurshid and Latif are in the -employment of Muhammad Shafi, Khalil Ahmad, Umar Hayat and Abdul Aziz. 2. Briefly summarized, the case of the prosecution is this. On the 4th of February 1965, Abdul Ghaffar also known as patanga, who was the husband…