Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 544, 382

(a) Penal Code (XLV of 1860)  S. 302--Evidence, corroboration of-Conviction based on sole testimony of injured prosecution witness without any independent corroborative evidence--Conviction and sentence set aside, in circumstance,-- (b) Criminal Procedure Code (V of 1898) S. 544-A-Compensation, scope of-Deceased prosecuting illicit relations with accused's wife and murder thus a sequel to family honour-Mandatory compensation under S. 544-A, Cr. P. C. not imposed, in circumstance.-[Compensation]. (c) Criminal Procedure Code (V of 1898) S. 382-Sentence, concession in-Murder committed to retrieve family honour--Period during which accused remained in Jail before trial, held, to be considered as concession in sentence under S. 382, Cr. P. C. in circumstance.-[Sentence]. Date of hearing : 30th May, 1979.                                                                                                                                              JUDGMENT Nasir Ahmad and Sultan Ahmad sons of Ghulam Ahmad were tried for the murder of Muhammad Jan and for causing injuries to Abdul Aziz P. W. 8 by Sessions Judge, Mianwali, who vide his judgment dated 27th November, 1976, convicted both the appellants under sec tion 302/34, P. P. C. and sentenced them to life imprisonment with a fine of Rs. 1,000 or in default of payment of fine to undergo R.1. for one year. Under section 307/34, P. P. C. both the brothers were sentenced to seven years' R. I. with a fine of Rs. 1,000 or in default of payment of fine to undergo R. 1. for one year each. Out of the fine . Rs. 2,000 were ordered to be paid to Abdul Aziz injured P. W. as compensation, whose arm has been amputated. 2. The occurrence is alleged to have taken place on 24th June, 1975 at Peshiwela within the area of Sodhari, Tehsil Isa Khel, District Mianwali, situate at…