Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Presence of eye witnesses proved beyond doubt and their evidence confidence inspir ing-Independent corroboration of such evidence, held, cannot be insisted upon as a rule-Incident taking place in broad daylight in a passenger bus when deceased in custody of escorting police cons tables-Accused overpowered and disarmed by such escorting constable at spot, immediately on firing at deceased--Conviction based on uncorroborated testimony of escorting constables maintained: [Evidence]. (b) Penal Code (XLV of 1860) S. 302-Murder-Sentence-Deceased murdered when in handcuffs and rendered helpless to protect himself Held: No extenuating circumstance to take a lenient view in favour of accused--Sentence of death upheld, in circumstances.-[Sentence]. Dates of hearing : 20th and 21st September 1980.                                                                                                                            JUDGMENT MANZOOR HUSSAIN SIAL, J.-Muhammad Akram, his brother Abdur Rehman, Muhammad Nawaz and Abdul Sattar were tried under sections 302 read with 34, P. P. C., by Sessions Judge, Sargodha, for causing murder of Fatah Khan, on the roadside near village Chah Kaura, Police Station Shahpur Saddar, District Sargodha. The trial Judge vide his judgment dated 18-6-78 acquitted Abdur Rehman, Muhammad Nawaz and Abdul Sattar accused, but convicted Muhammad Akram under section 302, P. P. C. and sentenced him to death and further directed him to ay a sum of Rs. 10,000 as com pensation to the heirs of the decease or in default to suffer rigorous imprisonment for a period of six months. 2. Muhammad Akram assailed the order of his conviction by means of this appeal, whereas the trial Judge also made reference under section 374, Cr. P. C. to this Court for confirmation of the death sentence awarded to…