Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Penal Code (XLV of 1860)  S 302/34-Murder case-Recoveries of guns at accused's instance in absence of recovery of empty cartridge from spot not linked with commission of murder - Recovery of blood-stained hatchet at instance of accused also not proved-Two out of three prosecution eye-witnesses closely related to deceased, chance witnesses, and their evidence contradicted by medical testimony-Third eye-witness, however, independent, absolutely disinterested, resident of locality, having occasion to be at spot of occurrence, and a natural witness Large number of witnesses not required to prove case and conviction can be based on single statement of a truthful witness-One of accused hiding himself from arrest and having motive to commit murder-Accused, held, guilty of murder. (b) Penal Code (XLV of 1860)  S. 302/34--Murder case-Sentence-Mitigation-Gun injuries caused to deceased not inflicted on any vital part of body-Death not due to gun shot injuries-Sentence of death, held, not proper Death sentence commuted into imprisonment for life. Dates of hearing: 18th and 19th March 1974.                                                                                                                                 JUDGMENT GULBAZ KHAN, J.-----Karam Khan aged 26 years, his brothers Lal Khan aged 30 years and Liaqat aged 17 years, all residents of Qaziabad, Police Station, Sadar Campbellpur, were convicted by the learned Sessions Judge, Campbellpur, vide his judgment dated 31-7-1972. Their father Karim Dad aged 70 years was given the benefit of doubt and acquitted. Karam Khan accused was sentenced to death, while Lal Khan and Liaqat to imprisonment for life. Karam Khan, Lal Khan and Liaqat preferred an appeal against their convictions and sentences. The learned Sessions Judge referred the case to this Court under section 374, Cr. P. C. for…