Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal trial Witness-Evidence, appreciation of--Mere relationship between witnesses inter se---Would not discredit their testimony-Evidence in each case, held, to be appraised in its entirety, keeping in mind all facts and circumstances of case.-[Witness-Evidence] (b) Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860) S. 302--Murder ---Appeal (criminal)---Evidence, appreciation of-Occurrence a day time affair while witnesses having no reasons to let go real culprit and falsely implicate innocent persons-Testimony of eye-witnesses free from contradictions and discrepancies and independently inspir ing confidence-Conviction and sentence maintained, in circum stances.-[Evidence-Witness]. Ahmad and others v. State 1977 P Cr. L J 662 and Lalan and others v. State 1976 P Cr. L J 52 distinguished. Date of hearing: 28th October, 1979.                                                                                                                                   JUDGMENT  G. M. SHAH, J.--The appellants Sikandar (27), Khoram (30) and Piral (32) all shares by caste were convicted under section 302 read with section 34, P. P. C. for the murder of Shah Nawaz by the learned IInd Additional Sessions, Judge Larkana by the Judgment dated 19th Novem ber, 1977 to imprisonment for life and a fine of Rs. 1,000, .-in default thereof to suffer further R. I. for two years. 2. The learned Judge did not award the normal sentence of death, on the ground that the occurrence had taken place at the spur of the moment, after exchange of harsh words between the appellants and the deceased and there was no premeditation or planning to kill the deceased. The appellants have preferred this appeal against the judgment of their conviction and sentence. 3. The brief facts of the case are that the first informant Khair Mohammad is the father…