Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the Lahore High Court, dated the 4th of December 1970, in Criminal Appeal No. 545 of 1969/Murder Reference No. 193 of 1969). Penal Code (XLV of 1860), S. 302-Eye-witnesses interested and partisan-Necessary to look for corroboration-Such corro boration need not be such as would, by itself, justify conviction-- Confirmatory circumstances to be looked at for supporting ocular evidence not implicitly reliable-Corroboration may be afforded by anything in circumstances of care which tends to satisfy mind of Court of witness having spoken truth.              Date of hearing: 31st January 1973.                                                                                                                   JUDGMENT ANWARUL HAQ, J.---The two appellants, Sharif and Murad, were tried, along with four others, by the learned Sessions Judge of Bahawalpur, for the murder of two brothers, Shah Mohammad and Ghulam Mohammad, and for causing injuries to an infant daughter of Ghulam Mohammad deceased. All the six were convicted on both counts. Each of them was sentenced to death for the offence of murder and to rigorous imprisonment for four years under section 307/149 of the Pakistan Penal Code. In appeal, and reference proceedings under section 374 of the Code of Criminal Procedure, the convictions and sentences of only the two appellants Sharif and Murad were maintained by a Division Bench of the Lahore High Court, and the remaining four accused were acquitted. In the first information report one other person, also named Mohammad Sharif, was mentioned as being one of the assailants, but he absconded and has not so, far been brought to trial. The incident took place at sunset time on the 11th of May 1967, in Basti Sehol, forming part of village Jhandani a distance of 14 miles from Police Station…