Law: Penal Code (XLV of 1860)

Section: 302, 34

Penal Code (XLV of 1860), S. 302/34--Witness--Despite cries of deceased none from neighbourhood coming to scene of occurrence-Prosecution witness (chance witness) alleged to have travelled 15/16 miles to meet deceased but without any specific purpose-First information Report lodged next day by aged mother of deceased but not by his young son--Testimony of such witness, held, unreliable. Date of hearing: 5th September 1972.                                                                                                                               JUDGMENT I. MAHMOOD, J.---This judgment will dispose of these two criminal appeals of the appellants, Ghulam Haider son of Sono (Criminal Appeal No 58 of 1971) and Criminal Appeal No. 85 of 1971 respectively. The appellants (along with 3 other persons), namely Allah Rakhio son of Habib Ali; Ranjho son of Mohammad Khoso and Allah Bachayo son of Sahib, were tried for the murder of one Fazil son of Ali her, by the learned Additional Sessions Judge. Nawab Shah. The appellants were convicted under sec tion 302 read with section 34, P. P. C. and sentenced for trans portation for life, and a fine of Rs. 1,000 each, or in default to suffer farther R. I. for two years. The other three accused were acquitted. 2. The case of the prosecution is that on 27th December 1968, at about S p.m. complainant Mm. Gori was sitting in her house along with her two sons, deceased Fazil and Ali Bux. One Raaniho sore of Muhammad son of Muhammad Khoso carne to per house and called for Fazil outside as he had some work with him. The deceased Fazil, went away with Ranjho. Soon after Ali Nawaz (1'. W. 7) and Ghulam Kadir (P. W. 8) his nephew who were living in a village 15 or 16 miles away, came to visit Fazil but could not meet him as he bad previously left the house with Ranjho a short while ago. They decided to stay there for the…