Law: Penal Code (XLV of 1860)

Section: 302, 307

Penal Code (XLV of 1860) Ss. 302 & 307-Murder-Benefit of doubt-Eye-witnesses of occur rence highly interested in complainant, inimical 'towards accused and three of such witnesses not figuring in F. I. R.-Exceptionally strong corroboration of such witnesses a rule of prudence-Ocular testimony belied by medical evidence as regards time of occur rence-Possibility that there had been indiscriminate firing on dark night by different persons from different places and some astray pellets hit deceased and injured prosecution witness-Accused given Benefit of doubt-Convictions and sentences set aside. Wasi Ullah v. Mirza Ali P L D 1963 S C 25 and Bagh Ali and 4 others v. The State P L D 1973 S C 321 rel. Sobdar and others v. The State 1969 P Cr. L J 1473; Sohni v. Bahaduri P L D 1965 S C 111; Ibrahim v. The State 1969 S C M R 773; Haji and cehers v. The State 1972 P Cr. L 1465; Ibrahim and another v. The State 1968 P,Cr. L J 1784; Asghar v. The State P L D 1958. Lah. 395; Sharif and vnother v. The State 1973 S C M R 83; Nazir and others v. fhe State P L D 1962 S C 269 and Niaz v. The State P L D 1960 S C 387 ref. Dates of hearing: 9th, 10th, 11th and 12th October 1973.                                                                                          JUDGMENT SHAMBEM HUSSAIN KADRI, J.-Four appellants namely; Gharib Alam, 50 years, Akbar son of Sher Muhammad, 25 years, Sher Muhammad son of Muhammad Din, 70 years, Makhan son of Karam Dad, 30 years of age were, tried by the learned Sessions Judge, Lahore for the murder of Mst. Bashiran alias Rabia Bibi and for attempted murder of one Siddique (P. W. 10). He convicted the appellants under section 302 read with section 34, P. P. C. and awarded life imprisonment and a fine of Rs. 5,000 each or in default 2 years' R.1. Under section 307/34, P. P. C. all the appellants were convicted and sentenced to 7 year' R. 1. and a fine of Rs. 1,000 each or in default a year's R. I. Boota, the…