Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302-Appeal (criminal)---Murder--Evidence, appreciation of - Alleged eye-witnesses of occurrence not at all reliable and two of such four witnesses though named in F. I. R. yet not examined by prosecution-Medical evidence inconsistent with oral testimony of interested eye-witnesses-Genuineness of recovery of alleged weapons of offence extremely doubtful-Deceased allegedly way laid on road not usually followed by them but question as to how accused came to know about it, remaining unanswered-Convic tion and sentence set aside in circumstances.-[Evidence]. Dates of hearing :16th, 17th and 22nd November, 1980.                                                                                                                 JUDGMEN K. M. A. SAMADANI, J.---This judgment shall dispose of Criminal Appeal No. 853 of 1979, Criminal Appeal No. 884 of 1979 and Criminal Revision No. 978 of 1979 all arising from the judgment dated 20th January, 1979 of Additional Sessions Judge, Sheikhupura, whereby he convicted Haider (aged 25) the appellant in Criminal Appeal No. 853 of 1979 alongwith the six appellants in the other appeal, namely, Ahmed (65), Barba (40), Inayat (35). Sattar (35), Baghila (70) and Mokha (35) under sections 302 and 148, P. P. C. and sentenced each of them to life imprisonment on the first count with a fine of Rs. 2,000 and to one year R. I. on the second, while acquitting the remaining two accused, namely, Dara aged 30 and Walayat aged 45. 2. The charge against the nine accused was that they formed an unlawful assembly armed themselves with deadly weapons and in furtherance of the common object of the said assembly murdered Sahib Khan deceased aged 35 and his brother Mukhtar deceased alias Mokha aged 32 on 21st July, 1976 at about 1 p. m. at Shahkot on the road leading to the Darbar Naulakha Hazari Baba…