Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860) S. 302/34 Witness inimical or interestedPresence at spot even though established yet ocular testimony of such witness, held, cannot be accepted without corroboration.[Witness]. (b) Penal Code (XLV of 1860) S. 302/34Medical evidence, value ofMedical evidence generally specious, if not deceptiveCould tend .to support prosecu tion case but not definite.[Evidence]. (c) Penal Code (XLV of 1860) S. 302/34Evidence, corroboration ofOcular testimony not corroborating medical evidenceAccused given benefit of doubt and conviction set aside in circumstances of case.[Evi denceBenefit of doubt]. Dates of hearing : 10th and 11th December, 1979.                                                                                                                   JUDGMENT Ahmad, Khuda Bakhsh and Noor were tried by Rao Muhammad Hayat Khan, Additional Sessions Judge, Multan, under section 302/34, P. P. C. for the murder of Altaf Hussain. The said learned Judge by his judgment dated 20th November, 1976 convicted all the said three persons under the said section and sentenced them to undergo life imprisonment each and to pay a fine of Rs. 1,000 each or, in default, to further rigorous imprisonment for a period of one year. It was also ordered that the fine, if realised, shall be paid to the heirs of the deceased. 2. The brief facts of the case are that on 18th December, 1974 at about noontime, Altaf Hussain deceased with Ghulam Rasid P. W. 8, went to the dera of Allah Yar P. W. 7 to purchase a bullock. Having purchased the same the deceased with his companion was on his way to his home when Ahmad, Khuda Bakhsh and Noor accused, all armed with hatchets, emerged from the sugarcane field and challenged the deceased stating that they would not allow him to go alive. Ahmad accused inflicted a hatchet blow on the head of Altaf Hussain deceased, who fell down. Khuda Bakhsh then gave…