Law: Criminal Procedure Code (V of 1898)

Section: 103 (2)

Law: Penal Code (XLV of 1860)

Section: 302

  (a) Criminal trial Witness--Witnesses not only closely related inter se but also interested-Such witnesses, held, not reliable with out independent corroboration. (b) Criminal Procedure Code (V of 1898), S. 103 (2)-Re covery-Place where empty cartridge lay neither shown in site plan nor shown to person preparing site plan-Such recovery, held, doubt ful-Penal Code (XLV of 1860), S. 302. (c) Criminal Procedure Code (V of 1898), S.103(2)-Recovery----- Recovery of empty cartridge not established-Mere recovery or production of gun will not automatically connect appellant with offence-Penal Code (XLV of 1860), S. 302. Dates of hearing 1st and 2nd August 1972.                                                                                                                        JUDGMENT MUHAMMAD SIDDIQ J.---Saee appellant has been found guilty of the offence under section 302, P. P. C. for causing the death of Ahmad Yar deceased. He was sen;enced to death. He has challenged his conviction and sentence through the present appeal. The case is also before us under section 374, Cr. P. C. for confirmation of the sentence of death. This judgment will dispose of the appeal as well as the Murder Reference. 2. According to the prosecution version, Ramzan, father- of the deceased Abroad Yar, was originally the resident of village Ahlowala, but he owned land in village Bodhranwala, which was lying banjar. About two and a half months prior to the present occurrence, he came to village Bodhranwala to bring the land under cultivation. His son Ahmad Yar deceased, his brother Khan, nephew, Shera also accompanied him as they were co- sharers in the said land. On 18th July 1969, at about sunrise time, he woke up his, son Ahmad Yar Khan and Shera P. W. were also present. Ahmad Yar was still rubbing his eyes when Saee appellant came there armed with a gun. He fired two shots at Ahmad Yar…