Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Criminal trial-Witness-Witnesses making improvements and changing version as and when suited--Held, improvements once found deliberate and dishonest, cast serious doubt on veracity of witnesses. (b) Witness-Witnesses closely related to deceased and inimical to accused-Held, testimony of such witnesses requires positive and independent corroboration-Penal Code (XLV of 1860), S. 302/34. Dates of hearing : 9th, 11th and 12th October 1972.                                                                                                                                                  JUDGMENT ASLAM RIAZ HUSSAIN, J.-Sher Dil, aged 19/20 years (who was about 16 years and 8 months old on the day of occurrence) and Fateh Khan aged 60 years were tried along with Gola Khan and Samand Khan (acquitted accused), for an offence under section 302/34, P. P. C., by Mr. Muhammad Khurshid Khan. Sessions Judge, Mianwali. The learned trial Judge vide his judgment dated 25-2-1970 acquitted Gola Khan and Samand Khan but convicted Sher Dil and hatch Khan of the above-noted charge, and sentenced Sher Dil to death and Fateh Khan to transportation for life. They have filed an appeal against their conviction and sentences. The matter is also before us under section 374, Cr. P. C. for confirmation of the death sentence awarded to Sher Dil appellant. We propose to dispose of the appeal and the reference by a single judgment. The occurrence took place in village Sawans, District Mianwali at about dopeharwela on 4-1-1969. The F. I. R Exh. Abbas Khan P. W. 9 at 4-30 p. m. on the same day at Police Station Mochh lodged P. A. The motive for the offence is stated to be that Samand Khan (acquitted accused) wanted the hand of Mst. Fatima, the daughter of Alam Khan deceased but the latter declined his request and, 5/6 days prior to the…