Law: Penal Code (XLV of 1860)

Section: 302, 149

  Penal Code (XLV of 1860)  S. 302/149-[Murder case]-Neither appellants nor acquitted accused named is First Information Report-Accused allegedly armed with hatchet stated to be wearing a golden cover over his teeth but none having such cover--Prosecution eye-witnesses related inter se and also related to deceased-No independent corroboration of statements of such witnesses--Statements of prosecution eye-witnesses also contradictory-Appellants also shown to witnesses before holding of identification parade-Appellant having a conspicuous mark on his right cheek but no note made about this-Other appellant having beard but no evidence of bearded under-trials having been mixed with under-trials put up at identification parade-Trial Court admitting identification parade to have not been held according to prescribed rules-Accused given benefit of doubt and acquitted. Dates of hearing : 22nd and 23rd April 1974.                                                                                                                          JUDGMENT Nigah Ali Shah alias Munshi aged 35 years, Alif Shah aged 18 year Shabbir Shah aged 30 years, Muzammil Shah aged 35 years, Channan Shah aged 80 years and Muhammad Shah aged 30 years were tried under sections 148, 302/149 and 307/149, Pakistan Penal Code for the murder Rajwali and causing injuries to Yaqoob (P. W. 7) and Gul Zaman (P.W.8) vide judgment dated 22nd February 1971 the learned Sessions Judge Rawalpindi, convicted Nigah Ali Shah alias Munshi under section 302/14! Pakistan Penal Code and sentenced him to transportation for life and a fin of Rs. 2,000.00 or in default to undergo two years' rigorous imprisonment under section 148, Pakistan Penal Code, he was sentenced to one year' rigorous imprisonment and under section 323/149, Pakistan Penal Code, was sentenced to one year's rigorous imprisonment. All…