Law: Penal Code (XLV of 1860)

Section: 302 , 394

Penal Code (XLV of 1860)--- ----S. 302/394---Offences Against Property (Enforcement of Hudood) Ordinance (VI of 1979), S.174 (4)---Appreciation of evidence---Two eye-witnesses who gave ocular account in the case though related to deceased, yet were natural witnesses who had given a straightforward and direct version of incident-- Testimony of the other witness who also gave ocular account in the case was worthy of credence as he was disinterested and independent witness and defence had failed to bring on record that he was either inimical towards accused persons or had any ulterior motive to falsely implicate them ---F.I.R. was lodged by widow of deceased soon after the incident in a simple straightforward manner charging accused persons for house-trespass and murder of her husband---Both ladies who were eye-witnesses in the case correctly identified accused person thrice in the identification parade expressing their condemnation to them---Stolen ornaments which were recovered from accused persons were duly proved to be belonging to widow of deceased who got married with the deceased only 5/6 months back---Medical evidence showed three entry wounds which furnished complete support to ocular evidence leading to an inference that eye witnesses had given truthful and faithful deposition---Accused persons having committed two independent offences, 'robbery' and 'murder' which was 'Qatl-e-Amd', they had been rightly convicted and sentenced under both offences which had fully been proved against them. Qazi Shamsuddin and Muhammad Akbar Khan Swati for Appellants. Mufti Muhammad Idris and A.A.-G. for the State. Dates of hearing 18th, 20th, 21st and 25th September, 1995. JUDGMENT MIAN MUHAMMAD AJMAL, J.--The appellants herein have challenged the judgment of the learned Sessions Judge, Mansehra in case F.I.R. No. 104 dated 12-5-1988, Police Station Batagram, who vide his judgment dated 15-9-1991 convicted both   the appellants under section 302, P.P.C. and sentenced them to life imprisonment with a fine of Rs.40,000 each, or in default of payment of fine to undergo further three years' R.I. The fine on recovery was to be paid to the widow…