Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Criminal trial Witness----Relationship of prosecution witnes ses with deceased-No ground by itself to disbelieve or doubt their evidence-Corroborative material lacking-Evidence to be examined with caution-Penal Code (XLV of 1860), S. 302/34. (b) Criminal trial Witness-Benefit of doubt-Persons from neighbouring houses soon attracted to scene of occurrence-None examined as prosecution witnesses or named in F. I. R.-.Prosecution version, held, doubtful Penal Code (XLV of 1860), S. 302/34.                                                                                                                              JUDGMENT GHULAM SAFDAR SHAH, J.-Accused Najib Ullah aged 55 years, Saifullah aged - 35 years and Jehan Khan aged 34 years are brothers and are the sons of Hassan Khan. They have been con victed by the Additional Sessions Judge, Lyallpur under section 302/34, P. P. C. for the murder of Fateh Sher aged 50 years, resident of Chak No. 586/G. B. Police Station, Lundian wala. Accused Najibullah has been sentenced to death and the other two accused to transportation for life. Each one of them has also been fined of Rs. 200 and in default to two months' R. I. The learned Additional Sessions Judge has made a reference to this Court under section 374, Cr. P. C. for the confirmation of death sentence of accused Najibullah while all the three accused have also filed an appeal questioning their conviction. Since the reference and appeal arise out of the same judgment, - they would be disposed of together. 2. The facts of the prosecution case are that at about sun set time on 28th October 1965, the deceased, alongwith P. W. 8 'Sher Muhammad, his real brother, Barkburdar P. W. 9, his sister's son, Faith Muhammad P. W. 10, also his real brother, and Abdullah P. W. 11, the grand-son of his paternal uncle was sitting in his dera, listening to radio.…