Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302, 304

(a) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302-Appeal (criminal)---Murder---Evidence, appreciation of-Benefit of doubt --Conviction based on uncorroborated testimony of eye-witnesses closely related to deceased-Corroboration of such testimony provided by recovery of ordinary common sotas, having no blood=stains on them-Accused given benefit of doubt and acquitted, in circumstances.---[Benefit of doubt]. (b) Penal Code (XLV of 1860)  S. 302 read with S. 304, Part II-Offence, alteration of-- Accused coming to spot armed with blunt weapons in order to take revenge, of an earlier incident-Death resulting due to a sota blow on head of deceased-Accused, held, could not be burdened with intention to kill deceased -Conviction under S. 302, P. P. C. altered to one under S. 304, Part II, P. P. C.--[Intention]. Date of hearing: 27th April, 1981.                                                                                                                                   JUDGMENT MUNAWWAR ELAHEE RANA, J.-Akbar aged 30 years, his brother Asghar alias Kakki aged 22 years, their brother-in-law Sakhi aged 40 years and their father Ghulam Muhammad aged 80 years were tried by the learned Additional Sessions Judge, Kasur, for an offence under section 302/34, P. P. C. for the murder of Ali Sher aged 35 years. Akbar, Asghar and Sakhi were convicted on the said charge and sentenced to death with fine of Rs. 5,000.00 each and in default to undergo R. I. for two years each. Ghulam Muhammad was sentenced to imprisonment for life and fine amounting to Rs. 5.000.00, and in default to undergo R. I. for two years. Out of the amount of fine, when realised, a, sum of Rs. 10,000.00 was ordered to be paid as compensation to the heirs of the deceased. All the four convicts have come up in appeal against their conviction and…