Law: Penal Code (XLV of 1860)

Section: 100, 302

Penal Code (XLV of 1860) S. 302 read with Ss. 100, cl. fourth & 99-[Murder]-Evidence, appreciation of-Motive attributed to accused for murder not established beyond reasonable doubt-Eye-witness account disbelieved qua acquitted co-accused being open to doubt and no independent evidence forthcoming to corroborate such eye-witness's account against accused-Accused forced to submit to sodomy at knife point but accused snatching away knife from deceased and when deceased tried to snatch it back, deceased stabbed to death by accused by causing him several stab wounds-Some excess in causing harm to deceased in circumstances, held, condonable-Conviction and sentence set aside, in circumstances. Dates of hearing : 14th and 15th January, 1980.                                                                                                                JUDGMENT MUHAMMAD AMIN BUTT, J. Muhammad Ilyas alias Labha, aged 16 years, and his two brothers Riaz Ahmad alias Naji, aged 19 years and Pervaiz Mahmood alias Kala aged 22 years sons of Muhammad Sadiq were tried by Mr. Muhammad Azim Khan Niazi, Additional Sessions Judge, Lahore, for the murder of Muhammad Hafeez alias Feeza. Giving the benefit of doubt to Pervaiz Mahmood alias Kala and Riaz Ahmad alias Haji he acquitted them but convicted Muhammad Ilyas appellant and sentenced him to death. He was also fined Rs. 2,000 or in default to suffer further rigorous imprisonment for a period of two years. The fine if recovered was directed to be paid as compensation to the heirs of the deceased. 2. This judgment shall dispose of the appeal filed by Muhammad Ilyas alias Labha, the connected murder reference and Criminal Revision No. 333 of 1978 filed by Muhammad Siddique, real brother of Muhammad Hafeez deceased against the acquittal of two co-accused. 3. The motive for the offence is that some two years before the occurrence in this case the…