Law: Penal Code (XLV of 1860)

Section: 307/34

  Penal Code (XLV of 1860)--- ---S. 307/34---Appreciation of evidence---Motive as set up by prosecution was proved ---F.I.R. though lodged after medical examination and admission of injured prosecution witnesses in hospital, yet no undue advantage of delay appeared to have been taken by prosecution---Two eye-witnesses were natural witnesses as occurrence had initiated in their house and their presence could not be doubted because of their having suffered injuries---Presence of complainant at the spot being their relative also could not be doubted---No enmity between parties existed prior to present dispute---Testimonies of eye-witnesses, therefore, could not be termed as interested or biased---Fact that one accused had allegedly used `kulhari' in occurrence, but only a `soti' was recovered from hin: did not destroy prosecution case as deposed by eye---witnesses---Defence version seemed to be an after thought---Ocular account was corroborated by medical evidence as well as by evidence of motive---Convictions of accused under S. 307/34, P.P.C. were maintained in circumstances. Penal Code (XLV of 1860)-- ---S. 307/34---Sentence, mitigating circumstances---Only one simple injury was assigned to one accused with `soti' who was admittedly 66 years old at time of occurrence---Another accused was found 13 years of age at time of occurrence and no specific injury to any of the two injured prosecution witnesses had been assigned to him---Injury found to have been caused by third accused with `kulhari' was simple---Appropriate reduction in sentences of all the three accused was accordingly made with benefit of section 382-B, Cr.P.C. Ehtasham Oadir Shah for Appellants. Mian Muhammad Khalid for A.-G. for the State. Date of hearing: 24th September, 1989. JUDGMENT Muhammad Hussain, aged 68 years, his sons Ihsanul Haq, aged 25 years, Altaf Hussain,-aged 14 years, alongwith his daughter, Mst. Shehnaz Kausar, were tried under section 307/34 PPC, by Magistrate Section 30, Khushah, for having launched murderous assault on Hafiz Ahmad Ali (PW 2) and his son Nasir Ahmad (PW 3), in their house, in Chak No. 2/TDA, at a distance of nine miles from Police Station…