Law: Penal Code (XLV of 1860)

Section: 302

(a) Witness-Evidence-[Murder-case]-Statement of interested witnesses, having motive to falsely implicate an accused person-Can be accepted in circumstances of a case, even without corroboration- Mere fact of eye-witnesses being related to deceased-By itself not a valid ground for rejecting their testimony unless shown to have been actuated by enmity or malice but not because it suffers from falsehood in some unimportant particulars-Penal Code (XLV of 1860), S. -302., Nazir and others v. The State P L D 1962 S C 269 ; Abdul Hamid v. The State 1969 S C M R 302 ; Muhammad Shafi v. The State 1971 S C M R 229 and Hidayat Ullah and another v. The State P L D 1971 Kar. 817 rel. (b) Penal Code (XLV of 1860); S. 302-Statement of eye witness consistent in all material aspects and also corroborated by abscondence of accused from village after occurrence-Accused having a motive to kill deceased-Accused, held, rightly found guilty under S. 302,P. P. C. (c) Penal Code (XLV of 1860), S. 302-Sentence-Mitigation-Accused committing crime from sense of honour involving insult to wife of accused's brother-Sentence of death altered to transportation for life. Muhammad Ramzan v. The State P L D 1966 S C 129 ; Fazal Khan v. The State P L D 1966 S C 602 and Riaz Khan v. The State 1971 P Cr. L J 575 eel. Date of hearing: 10th July 1972.                                                                                                                  JUDGMENT ZAKI-UD-DIN PAL, J.----Safdar son of Azad, Piracha by caste, resident of Khurram Piracha, Police Station Sangjani, District Rawalpindi has been found guilty under section 302, P. P. C. by the learned Sessions Judge, Rawalpindi by his judgment dated 18.9-1970 and has been sentenced to death for the murder of Wilayat Ali son of Muhammad Zaman, Piracha, resident of the same place at about 8-00 p.m. on 5th of September 1969. The convict has filed…