Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S.302 Testimony of three prosecution witnesses disbelieved in respect of majority of accused . One of three witnesses, however found. to be independent ant disinterested and fully corroborating evidence of injured witness Testimony of such witness, held, could legitimately form basis, of conviction. Date of hearing: 20th August 1973.                                                                                                                                                 ORDER HAMOODUR RAHMAN, C. J.-The petitioner in this case was tried along with three others on charges under sections 302/34 .end 307/34, P. P. C. for the murder of one Ghulam Rasool and murderous assault on his brother Ghulam Hussain. The learned Additional Sessions Judge, Nawab Shah, con victed the petitioner alone under section 302 and sentenced him to death. His co-accused Usman was convicted under sections 302/34 and 324, P. P. C. and sentenced to transportation for life and rigorous imprisonment for one year respectively. The other accused were acquitted. On appeal and reference, the High Court acquitted Usman of the offence under section 302/34, P. P. C., but maintained his conviction and sentence under section 324, P. P. C. The appeal of the petitioner was, however, dismissed and his sentence of death was confirmed. The petitioner now seeks special leave to appeal. It is contended on his behalf that the testimony of the three pro secution witnesses who have been disbelieved with regard to the majority of the accused should not be accepted against the petitioner. In any event, in view of the previous enmity due to a previous murder case in which a brother of one of the acquitted accused was an accused and the father-in-law of the deceased was one of the murdered persons the oral testimony of such…