Law: Penal Code (XLV of 1860)

Section: 302, 34

  Penal Code (XLV of 1860) S. 302/34-[Murder case]-Crime empties recovered from spot found to have been fired from fire-arms recovered from accused --Chemical examination showing earth collected from spot as soiled with human blood-Usual safeguards not applied and evidence and despatch to forensic experts contradictory rendering opinion of Ballistics Expert not safe to be relied -Ocular testimony, however. unassailable-F. I. R. lodged promptly-- Motive of offence as alleged by prosecution fully proved-Eye witnesses of occurrence natural and disinterested-Offence, held, fully brought home to accused appellants-Death sentences confirmed. Date of hearing: 4th May. 1973.                                                                                                                               JUDGMENT ATAULLAH SAJJAD, J.-Fazal Elahi appellant and his two sons Muhammad Yaqub and Muhammad Matloob were tried by Sh. Muhammad Asadullah, Sessions Judge, Rawalpindi, for the triple murder of Dost Muhammad and his two sons Shahzad Khan and Qayyum. He convicted all the three accused under section 302/34, P. P. C. and sentenced each one of them to death. They have appealed to this Court. Murder Reference No. 96 of 1971 is also before us for confirmation of the sentence of death passed on them. This judgment shall dispose of the appeal as well as the murder reference. 2. The prosecution story is that Fazal Elahi appellant ran a utensils shop in the main bazar of Taxila. His son Yaqub appellant worked with him. At a small distance from this shop, Matloob the third appellant also ran a utensils shop. Dost Muhammad deceased ran a cloth shop opposite to that of Fazal Elahi appellant and his son Shahzad Khan deceased used to help him in the trade. Dost Muhammad deceased also opened a utensils shop where his son Abdur Rashid (P. W, 15) who was then a student in a…