Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860)  S. 302/34MurderRecovery evidence though incriminating yet not such as to be safely relied upon Rule of prudence requiring interested evidence to be supported by corroboration from inde pendent sourceNot inflexibleReliance can be placed on evidence of an interested witness if in circumstances of case implication of innocent persons could be excluded.[Evidence]. (b) Penal Code (XLV of 1860)  S. 302/34MurderOccurrence taking place in broad daylight and in Court premises where a large number of persons witnessed occurrenceSuch a situation, held, would itself deter a person from falsely implicating any innocent personWitnesses and investigating agency fully aware of occurrence having taken place before eyes of so many people hard to get away with a false story. (c) Penal Code (XLV of 1860)  Ss. 302/34MurderBenefit of doubtFact of two coaccused being given benefit of doubtDoes not by itself mean appellants being falsely implicated by any oneFact of all five appellants being re quired to be present in Court on fateful day enough to support their usual presence at place of occurrenceComplainant in evidence cannot be said to have falsely accused any one of appellants.[Benefit of doubt]. (d) Penal Code (XLV of 1860) S. 302/34MurderMotiveAbduction of daughter of appel lant by deceasedNot an offence to be forgotten or forgiven easily although not justifying commission of murderSuch circumstance mitigating circumstance and death sentence not a proper sentence. [Sentence]. Dates of hearing : 2nd, 3rd and 4th June, 1980.                                                                                                          JUDGMENT M. ZAFARULLAH, J.Amir 45, Ahma. 40, Baksha 53, Shama 55 and Mukhtar alias Makha 35 were found guilty of the murder of Nafar Ali and Nazir deceased by Mr. Nafees Ahmad Bajwa, learned Additional Sessions Judge, Faisalabad vide his judgment dated…