Law: Penal Code (XLV of 1860)

Section: 302/34 , 452

  Penal Code (XLV of 1860)-- ---Ss. 302/34 & 452---Appreciation of evidence---All the eye-witnesses were natural witnesses of occurrence who fully supported prosecution' version with consistency on main features of the case---Despite lengthy cross-examination nothing useful to defence could be elicited from statements of eye-witnesses-- Deep rooted enmity between parties was clearly established---Number of accused was such as was required for an attack of present type and all accused being real brothers were expected to join hands in murdering their common enemy---Such circumstances lent requisite corroboration to eye-witness account which was also not contradicted by medical evidence---Accused after occurrence were also not available and were arrested after about twenty days---Accused, _held, were rightly convicted under Ss.302/34 & 452 P.P.C. in circumstances. Penal Code (XI,V of 1860)-- ---Ss. 302/34 & 452---Sentence, enhancement of---Plea that according to medical evidence injuries attributed to all accused persons were sufficient to cause death of deceased lady and lesser punishment of imprisonment for life was wrongly awarded as complainant was also murdered by one absconder and his companions was repelled---Medical evidence showed that death was due to cumulative effect of injuries and capital punishment, held, was rightly withheld and that offence committed by absconder after present occurrence would not affect question of sentence in the case---Sentences awarded to accused by Trial Court under sections 302/.34 & 452 P.P.C. were consequently upheld. Penal Code (XLV of 1860)-- ---Ss. 302/34 & 452---Enmity---Enmity cuts both ways as it may be a reason for attack and at the same time it may induce a party to falsely implicate as many of its enemies as possible. Ch. Muhammad Abdul Wahid for Appellants. Javid Shaukat for the State. Messrs M.B.Zaman and Khalid Farooq Qureshi for the Complainant. Dates of hearing: 31st January, 4th and 5th February, 1989. JUDGMENT   MUHAMMAD RAFIQ TARAR, J.--Muhammad Irshad alias Shada (42), Muhammad Ashraf (38) and Basharat (26), sons of Rehmat Khan, caste Jat, residents of village…