Law: Criminal Procedure Code (V of 1898)

Section: 403, 347

Law: Evidence Act, (1 of 1872)

Section: 43

Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898)  S. 403 read with Evidence Act (I of 1872), S. 43-Previous judgment by Magistrate acquitting accused of charge under Arms Ordinance---Held: Not relevant in a subsequent trial for offence of murder and Court to form its own view of evidence before it-West Pakistan Arms Ordinance (XX of 1965), S. 13. (b) Criminal Procedure Code (V of 1898) S. 347--Cases triable by Magistrate exclusively, held, can be sent under S. 347, Cr. P. C. for trial to Sessions Court to avoid conflict of judgments and for other recognized grounds. Muhammad Aslam and ,2 others v. Mst. Nathu P L D 1977 Lah. 535 Farid v. Allah Wasaya P L D 1979 Quetta 156 ; Ghani Yaqub v. Emperor 21 Cr. L J 791 and Rex v. Matoley A I R 1949 All. 1 ref. (c) Penal Code (XLV of 1860) S. 302--Evidence, appreciation of---Ocular testimony corrobo rated by medical evidence as well as by recovery of crime guns from accused--Motive for murder also established-Convictions and sentences maintained, in circumstances,--[Evidence]. Date of hearing : 30th May, 1979.                                                                                                                               JUDGMENT The two appellants namely Ahmad son of Imam Ali, his maternal cousin Nazir son of Bashir and former's brother co-accused Jaffer, were tried by an Additional Sessions Judge, Faisalabad on a capital charge for the murder of Kameer, real uncle of Ahmad appellant ; vide judgment dated 21st November, 1978, co-accused Jafar has been acquitted while the present. appellants on being found guilty have been sentenced to imprisonment for life and a fine of Rs. 5,000 each or in default, as the case may be, to undergo further rigorous imprisonment for two years. 2. They have appealed. 3. Occurrence allegedly, took place in the dhari of Ilyas in Chak No. 357/GB Police Station Jaranwala,…