Law: Penal Code (XLV of 1860)

Section: 302

Criminal trial  Recovery-Constable alongwith accused bringing knee from sugar-cane field while recovery witnesses remained outside-- Person of constable not searched before entering field-Possibility of constable's producing knife from his own possession, held, cannot be ruled out in circumstances of case-Penal Code (XLV of 1860), S. 302. Date of hearing : 30th May 1973.                                                                                                                    JUDGMENT K. M. A. SAMDANI, J.-This judgment will dispose of Murder Reference No. 146 of 1971 and Criminal Appeal No. 525 of 1971, arising from the judgment dated 13th of July 1971 of Mr. Muhammad Amir Malik, Addi tional Sessions Judge, Lyallpur, whereby he convicted Khurshid appellant, a young ,man of 25, resident of Chak No. 422/J. B. of Lyallpur District under section 302, P. P. C. and sentenced him to death for the murder of Shaukat deceased another young man, aged 20 years, of the same village. 2. According to the prosecution, the deceased and the appellant had a quarrel at 10-00 a.m. on the 21st of October 1970, and exchanged abuses. However, two older persons, namely, Abdul Karim and Rana Abdul Waheed, intervened whereupon the appellant went away declaring his intention to settle the score soon. The same day at 4-00 p.m. when the deceased was returning to his own dera from the dhari of one Siddiq, he came face to face with the appellant near a culvert. The appellant was armed with a knife and he challenged and attacked the deceased within the sight of P. Ws. Fateh Muhammad, Bashir Ahmad and Manzur Hussain. He caused two injuries to the deceased and ran away. A couple of hours later, the deceased succumbed to his injuries. The case of the appellant is that he is innocent and has been involved in the case on account of suspicion. According to him, the witnesses have lied. 3. Out of…