Law:

Section: S, 302

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 1st December 1.961, in Criminal Appeal No. 399 of 1961/Murder Reference No. 108 of 1961).   Penal Code (XLV of 1908), S, 302-Murder-Ocular evidence of interested and partisan witness-Evidence on capital charge must come from unimpeachable source or be supported by strong circumstances that might remove inherent doubt attaching to evidence of interested or partisan witness.      JUDGMENT   FAZLE-AKBAR, J.-In this appeal by special leave there are two appellants Thoba and Shera whose convictions under section 302 read with section 34 of the Pakistan Penal Code, and sentences of death have been confirmed on appeal and reference by a Division Bench of the High Court of West Pakistan at Lahore.   The case against them was that in prosecution of a blood feud they, armed with hatchet and spear, attacked Thiraj at a spot which is about 45 karams from the abadi of village Killa Asian so that he died on the spot. It was alleged that on the 25th July 1960, Thiraj alongwith his wife Mst. Shameem and brother Raja had come to Killa Asian to the house of Ahmi, uncle of Mst. Shameem to realise the price of a bullock which he had sold to him about two months before the occurrence. At about late digarwela they left Ahmi's house. Thiraj was going 20 karams ahead of Raja and Mst. Shameem when he was attacked by Shera and Thoba, who after inflicting injuries with hatchet and spear ran away. Rana, Rahmatullah and, Muhammad who were then at their betak, while going to the spot on hearing the alarm, saw these appellants running away armed with the hatchet and spear.   After the alleged attack Raja went to Chiniot Police Station which is about 12 miles from the place of occurrence and lodged First Information Report at 1-30 a.m. on 26th July 1960.   The defence was that the deceased had been killed at night by some unknown persons and these appellants were falsely implicated in this case out of enmity.   The prosecution case rested on the evidence of eye-witnesses Mst. Shameem and Raja and on the evidence of Ahmi, Rana, Rahmatullah and Muhammad,…