Law: Penal Code (XLV of 1860)

Section: 302

(a) Witness----- ----Credibility-Witness declared hostile and cross- examined during commitment proceedings-Not safe to rely on evidence of such witness. (b) Witness----- --Credibility-Witness, a close relation of victim --Statement of such witness discarded. (c) Penal Code (XLV of 1860)----- ----S. 302-Murder-Recovery of blood-stained weapons-Held, insufficient, by itself, to prove case for prosecution. Dates of hearing : 2nd and 3rd April 1970.   JUDGMENT BASHIRUDDIN AHMAD, J.-Haider (42), Sher Muhammad . (50), Safdar Ali (32), Faiz (45), Rehmat Ali (26), Murad (24) and Nazar (25) were tried of offences under sections 148, 302/149 and 201/149, P. P. C. by the Additional Sessions Judge, Sheikhupura, who acquitted Rehmat Ali, Murad and Nazar of all the offences with the result that the charge against the remaining accused under section 148, P. P. C. fell through. Haider, Sher Muhammad, Safdar and Faiz were convicted for the murder of Rehmat Ali, in furtherance of their common intention, in the area of village Bure Oath on June 10, 1967. Haider and Sher Muhammad were sentenced to suffer death. Safdar and Faiz were sentenced to transportation for life. They were fined Rs. 2,000.00 each and in default of payment of fine to undergo rigorous imprisonment for one year each. They were also held guilty under section 201/34, P. P. C. and sentenced to undergo rigorous imprisonment for one year each. The sentence of imprisonment was directed in the case of Haider and Sher to take effect in the event of the death sentence not being confirmed by this Court. The sentences of imprisonment in the case of Safdar and Faiz were ordered to run concurrently. The fine, if realised, was ordered to be paid in its entirety to the heirs o f the deceased. 2. The convicted persons appealed and the case is also before us on reference under section 374, Cr. P. C. in so far as Haidar and Sher Muhammad are concerned for confirmation of the death sentences. We propose to dispose of the appeal and the reference by a single judgment. 3. The following pedigree-table will be helpful in under standing the relationship inter se between the various accused persons :-…