Law: Penal Code (XLV of 1860)

Section: 302, 34

Penal Code (XLV of 1860), S. 302/34-Some prosecution witnesses having no animus or reasonable motive to falsely involve accused-Occurrence taking place at a short distance from residence of parties and such prosecution witnesses natural witnesses being residents locality-Recovery of blood-stained dangs at pointation of accused satisfactorily proved-One of such witnesses having once ejected one accused but later permitted him to continue in possession and one witness of recovery having gone back on his statement and tried to destroy evidence of recovery during cross-examination Evidence held, sufficient in circumstances of case to sustain a finding of guilty and accused rightly convicted and sentenced to life imprisonment. Date of hearing: 2nd July 1970.                                                                                                                                JUDGMENT ATTAULLAH SAJJAD, J---The two appellants Habibullah and Wahid Bakhsh who are 'Mochis by caste and whose relationship inter se is not apparent front the record, were tried by Malik Akhtar Hassan, Additional Sessions Judge, Multan along with Mohammad Ishaq Rajput for an offence -under section 302/34 of the Pakistan Penal Code for causing the death of their co. villager Muhammad Sadiq in the area _of the habitation known as Chah Munshiwala in village Danwaran, Police Station Lodhratt en the District Multan. The learned Additional Sessions Judge acquitted Ishaq and found the two appellants guilty of an offence under section 302%34, P. P. C. and sentenced them to transport ation for life each. 2. The occurrence took place on 30th of August 19158, at about 2 p. m. The evidence is that Mst. Sharifan the widow of tine Abdur Rehman, wanted to reconstruct the wall of her kotha. Her brother Misri was incharge of the construction but this construction was resisted by Ishaq…