Law: Penal Code (XLV of 1860)

Section: 307

  (a) Penal Code (XLV of 1860) S. 307--Witness-Evidence---Mere relationship between prosecu tion witnesses by itself not enough to discard their evidence as interested-Statements of injured complainant and prosecution witnesses consistent-Defence witnesses also supporting prosecution version-Case against accused proved beyond reasonable doubt -Conviction and sentence maintained, in circumstances. (b) Penal Code (XLV of 1860) S. 307-Benefit of doubt-Overt act or injury not attributed to accused-Incitement to inflict another injury to complainant appearing to be an exaggeration-Accused given benefit of doubt and acquitted, in circumstances. Date of hearing: 12th February 1973,                                                                                                                      JUDGMENT Muhammad Ramzan aged 40 years and his son-in-law Muhammad Din aged 27 years, were tried and convicted of an offence under section 307/34, Y. P. C. by Ch. Muhammad Saeed Akhtar, Special Corporation Magistrate, Lahore and were sentenced to 5 years' R. I. each plus a fine of Rs. 1,000 each. (In default of payment of fine they were ordered to undergo further one years R. I.), by his judgment dated 30th June 1971. They have filed an appeal against their conviction and sentences. 2. The occurrence took place in the mosque of village Jia Bagga Police Station Kahna, District Lahore, at morning prayer time on 22-5-1970. The F. I. R. Exh. P. B. was lodged, by Muhammad Iqbal P. W. 2, by the injured person himself at the Police Station on the same day at 7-15 a.m. It was recorded', by Muhammad Yaseen A. S. I. and proved at the trial by, Muhammad Yar Khan S. I. The prosecution story briefly is as follows:- About 10/12 years ago 'Muhammad kamzan appellant had cut jokes with Mst. Mehran Bibi, the mother of Muhammad Iqbal P. W. She told about it to Muhammad Iqbal. In order to…