Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Evidence, appreciation of-Accused named in F. I. R. and specific role attributed to him not exaggerated at trial-Ocular evidence confidence inspiring, finding sufficient corroboration from medical evidence and evidence of motive-Incident taking place in broad daylight in heart of village, excluding possibility of substitu tion of a single accused-Mere relationship of prosecution witnesses with deceased, held, would not justify discarding their evidence, .if otherwise true-Conviction and sentence maintained. in circumstances.-[Evidence]. Date of hearing ; 19th November 1979.. .                                                                                                                                           JUDGMENT MANZOOR HUSSAIN SIAL, J.-Abdur Rehman son of Amir Khan was tried under section 302, P. P. C., by the Sessions Judge, Campbellpur; for causing murder of Amir Khan son of Baz Khan. The trial Judge vide his judgment dated 7th June 1975 convicted him under section 302, P. P. C. and sentenced him to imprisonment for life and a fine `of rupees five thousand, or in default to suffer rigorous .imprisonment for three years. The learned trial Court also directed that out of the fine if realized a stem of Rs. 3,000 be paid to the heirs of the deceased as compensation. 2. The convict assailed the order of his conviction` by means of this appeal, whereas the complainant Noor Khan filed CH. Revision No. 964 of 1975, seeking enhancement of sentence imposed upon the appellant. This judgment shall dispose of these matters together. 3. The prosecution case as disclosed by Noor Khan (P. W. 10) in his statement Exh. P. F. recorded by Muhammad Anwar, Head Constable (P. W. 8) at Police Station, Taman, is as follows :- On 31st May 1973 at about sun rise time, in village Sangwala, Amir Khan…