Law: Penal Code (XLV of 1860)

Section: 302, 148, 149

  Penal Code (XLV of 1860) S. 302/148/149-[Murder case]-Prosecution witnesses interested and guilty of exaggeration-Prosecution case improved at trial and story not consistent-Such evidence to be weighed cautiously- Accused A and J admitting their presence at spot but alleging injuries caused by one of them and by another unnamed rescuer- Accused A and G found guilty-False inculpation possible in circumstances of case-Participation of other accused in offence not fully established-Accused G an old man, head of family, and all his sons implicated-G not specifically named as having participated in commission of offence-G not found guilty while rest others besides A and J, given benefit of doubt and acquitted. Dates of hearing: 20th and 21st September 1973.                                                                                                                  JUDGMENT Ghulam Muhammad aged 60, his four sons Muhammad Sharif, Rehmatullah, Ali Muhammad and Jan Muhammad, and his son-in-law Nur Muhammad son of Elahi Bakhsh have been convicted and sentenced by Mr. Muhammad Rafiq, Sessions Judge. Sahiwal by order dated 10th of November, 1970, as follows:- (i) Under section 148, P. P. C. one year's R. I. each. (ii) Under section 302/149, P. P. C. for the murder of Rehmatullah, transportation for life each. (iii) Under section 307/149, P. P. C. for causing injuries to Muhammad Yaqub (P. W. 9), three years, R. I. each, and (iv) Under section 323/149, P. P. C. for causing simple hurt to Khushi Muhammad P. W. 10, six months' R. I. each. The sentences are to run concurrently. 2. The convicts have appealed to this Court. 3. The occurrence took place on 8th of November, 1968, at 4-15 p.m. in Chak No. 66/EB, Police Station Gagoo which is at a distance of sixteen miles from the place of occurrence. The first information report Exh. P. A./ 1 is based on the statement Exh. P. A., of…