Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Prosecution witnesses closely related to com plainant and enemies of accused-Eye-witness contradicted by medical evidence-Occurrence taking place near village abadi but no independent witness coming forward to support prosecution version-Crime empties planted by Investigating Officer-Motive for murder far-fetched-Prosecution, held, failed to bring home guilt to accused persons-Convictions and sentences set aside. Dates of hearing: 14th to 16th January 1974.                                                                                                                                    JUDGMENT SHAMEEM HUSSAIN KADRI, J.-The nine appellants alongwith one Lalu absconder are accused of the murders of Abdul Sattar, Chakar and Shamira which took place on bridge Rajbah on 12th August 1969, at 6 p.m. within the precincts of Chak No. 102, E. B. Police Station Gaggu. District Sahiwal. Report (Exh. P. G.) was lodged by Allah Yar (P. W. 7), brother of Abdul Sattar deceased at 9 p.m. the same day which was recorded by Sub-Inspector Faiz-ul-Hassan (P. W. 17). The appellants were tried and convicted by the learned Additional Sessions Judge, Sahiwal, on 30th November 1971. All of them were convicted under section 148, P. P. C. and sentenced to three dears' R. I. Rajba, Zahur Mohd. and Naseer were also convicted under sec tion 302/149, P. P. C. and sentenced to death while the others were sentenced to transportation for life under section 302 read with section 149, P. P. C. All of them were fined Rs. 500 each or in default of payment of fine to under go R. I. for six months. The appellants have filed Criminal Appeal No. 885 of 1971 against their convictions and sentences. Allah Yar has filed Criminal Revision No. 236 of 1972 praying that the sentence of appellants 5 to 9 be enhanced to death and for grant of…