Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Appeal (criminal)-Murder-Evidence, appreciation of----Ocular evidence not only replete with contradictions and impro babilities but also given by witnesses, interested and inimical towards accused-Possibility of deceased being fired at by some unknown assailant, unseen by any one, not ruled out---Delay in lodging first information report also not explained-Conviction and sentence set aside, in circumstances.-[Delay]. Dates of hearing: 16th and 17th December, 1980.                                                                                                                        JUDGMENT The two appellants, namely, Wali Mohammad son of Noor Ahmad and Rehman son of Bahawal, both residents of Chak No. 651/G. B. P S Lundianwala were tried by a Magistrate, 1st Class with enhanced powers under section 30 of the Code of Criminal Procedure on a charge under section 307/34, P. P. C. vide judgment dated 27th September, 1980 they were convicted and sentenced to five years, R. I. each and a fine of Rs. 500 each or as the case may be in default of payment of fine to three months, R. I. each. They have appealed. 2. The occurrence took place at about 11.30 p. m. on 26th May, 1979. Matter was reported to the police by Ghulam Mohammad (P. W' 2) on the following day at about 11.05 a. m. On his statement F. I. R. (Exh. P. A.) was prepared by Head Constable Mohammad Rafique (P. W. 1). Before this occurrence the appellants had given beating to Heera, maternal-uncle of Ghulam Mohammad P. W. In this regard, a case was registered against the appellants. Besides, Inayatan alias Sharifan, wife of appellant Rehman, was abducted by Ghulam Mohammad and she was living with him. From reprisal of this it is alleged that the two appellants injured Shahbaz brother of Ghulam Mohammad P. W. Facts that Ghulam Mohammad P. W. Shahbaz injured P. W. and Nawaz (not…