Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 154

(a) Penal Code (XLV of 1860) S. 302-Murder---Evidence, appreciation of-Ocular evidence trustworthy and independent and in turn fully supported by evidence of recoveries of weapon of offence as well as bloodstained clothes of accused-Medical evidence indicating that accused intentionally caused death of deceased while no mitigating circumstance noticeable from facts of cast--Conviction and sentence of death maintained, in circumstances.-[Evidence]. (b) Criminal Procedure Code (V of 1898) S. 154---F. I. R., effect of-Mere fact of F. I. R. being not lodged by an eye-witness and persons other than accused also alleged to have caused death of deceased, held, should not come in way of trial Court nor prevent it from examining, in light of other evidence, whether charge levelled against accused brought home to him against any reasonable doubt.---[First Information Report]. Dharam Singh and others v. Emperor A I R 1928 Lah. 507 and Nasib Singh Prem Singh v. Emperor 44 Cr. L J 1943 rel. Dates of hearing : 11th and 12thMay, 1981.                                                                                                                 JUDGMENT MUHAMMAD ILYAS, J.-Mujahid Hussain son of Jafar Hussain, aged 25 years, caste Syed, clerk, resident of Mohallah Jahangirabad, Sheikhupura, alongwith Muhammad Yousaf son of Fazal Ahmad, aged 24 years, caste Gujjar, Lahourer, resident of Mandiala Virkan, Police Station Sheikhupura City, were tried by, the Additional Sessions Judge, Sheikhupura, under section 302 read with section 34 of the Pakistan Penal Code, for having caused the death of one Abbas in furtherance of their common intention. By his order, dated the 27th September 1978, the learned Additional Sessions Judge acquitted Muhammad Yousuf, by giving him benefit of doubt, but convicted Mujahid Hussain under section 302 of the Pakistan Penal Code and sentenced him to death and a fine of Rs. 2,000…