Law: Penal Code (XLV of 1860)

Section: 302,304,109

Penal Code (XLV of 1860)---Ss. 302 & 304 read with S. 109 Three persons accused of murder jointly and vicariously-Eye witnesses disbelieved as regards two accused-Evidence, held, could not be relied upon against third accused.   Dates of hearing: 3rd and 4th September 1964.   JUDGMENT   In this case, appellant Khair Muhammad had been convicted of an offence punishable under section 304, P. P. C. and sentenced to ten years rigorous imprisonment. It may be mentioned here that appellant Khair Muhammad, along with Lal Muhammad alias Lal on, was tried for an offence punishable under section 302, P. P. C., while their co-accused Taj Muhammad was tried for an offence punishable under section 302 read with section 109, P. P. C. Lalon and Taj under were, however, acquitted, while the appellant was convicted by Mr. Ghulam Hussain S. Ansari, Additional Sessions Judge, Sukkur, as already mentioned.   Appellant Khair Muhammad belonged to the village of Nur Muhammad Kalhoro,while deceased Shahul was resident of the village of Muhammad Sharif Nunari. The distance between the two villages was about ten miles, although they were within the limits of two different districts. It is said that on the 17th of February 1962, in the morning, the appellant and his brother accused Lalon went to the house of accused Taj Muhammad, where Shahul was staying as a guest along with his cousins and brothers-in-law Arbab and Mian Dad, in connection with the purchase of a buffalo, and demanded the payment of the money due to them in connection with some earlier dealings. Shahul tried to put them off by saying that he would pay up their dues later on. Thereupon, an altercation took place between Shahul on one side appellant Khair Muhammad and his brother accused Lalon on the other.   At that time, appellant Khair Muhammad was armed with a stick, while his brotherLalon had a hatchet in his hands. In course of the altercation referred to above it is alleged, accused Taj Muhammad instigated them to attack Shahul. Thereupon according to the prosecution, appellant Khair Muhammad gave him two or three stick blows, while his brother accused Lalon is said to have used the back…