Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 410, 439

(a) Penal Code (XLV of 1860) S. 302 MurderEvidenceProsecution witnesses interested and inimicalTestimony of such witnesses to be scrutinized with extra care and caution and also independent corroboration to be looked forRecovery witnesses, residents of different village, not enjoying any special status and related to complainant partyPossibility of concoction of crime empty not precludedRecoveries highly doubtful and incapable of being used as a corroborative piece of evidence Prosecution failing to prove its case against accused conviction and sentence set aside and accused acquitted.  [EvidenceRecovery]. (b) Criminal Procedure Code (V of 1898) Ss. 410 & 439 AppealRevisionMain accused on appeal acquitted Coaccused, although not coming up in appeal, given benefit of finding and acquitted in exercise of revisional jurisdic tion. [Appeal (criminal)Revision (criminal)]. Dates of hearing : 20th and 21st May, 1979.                                                                                                          JUDGMENT The appellants Nazra ?alias Nazira (aged 26 years) and Muhammad Riaz (aged 28 years) were tried together with Allah Bakhsh, Gulzar and Muhammad Yar coaccused by a learned Additional Sessions Judge at Sargodha, for offences under sections 302, 307 read with section 149 and section 148 of the Pakistan Penal Code for causing the death of Nazam Hussain deceased, committing murderous assault on Muhammad Ali (P. W. 11) and rioting. The learned Additional Sessions Judge convicted Nazi a appellant under section 302, P. P. C. and sentenced him to death and also asked him to pay a fine of Rs. 5,000 or, in default, suffer rigorous imprisonment for one year. He convicted Muhammad Riaz appellant under section 307, P. P. C. and sentenced him to a term of rigorous imprisonment for three years in addition a fine of Rs. 1000, or, in default, to receive six months rigorous imprisonment. Allah…