Law: Penal Code (XLV of 1860)

Section: 307/34

Penal Code (XLV of 1860) S. 307/34-Murderous assault-Evidence, evaluation of-Accus ed having no motive against complainant and on contrary grievance if any, lay with complainant party-Culpable delay in removing victim of murderous assault to hospital and complete absence of any effort on part of victim and his sons to report matter to Police remaining unexplained-Medical evidence also not supporting eye-witnesses regarding time of occurrence-Conviction and sentence set aside, in circumstances. Date of hearing : 27th June, 1981.                                                                                                                      JUDGMENT Muhammad Sher (50) and Ali Ahmad (30) sons of Nawab Din, caste Jat, residents of Bucheki, were tried under section 307/34, P. P. C. by Mr. Saadat Ali Chaudhry, Magistrate Section 30, Faisalabad, who by his judgment dated 31stJanuary. 1981, convicted them on the said charge and sentenced them to R. I. for seven years and a fine of Rs. 5,000 each or in default to suffer further R. I. for six months each. The fine, if recovered, was ordered to be paid as compensation to Muhammad Rafiq Shah injured P. W. The convicts have appealed. 2. The brief facts of the prosecution are that some time prior to the occurrence Muhammad Rafiq Shah complainant rented the shop of the appellant at the rate of Rs. 40 per month for running a hotel. Later on, both the appellants obtained Rs. 20,000 from him as loan out of which they returned only Rs. 4,000 but refused to pay the remaining amount despite repeated demands. Three or four months prior to the occurrence the complainant locked his hotel at Bucheki and shifted to Jaranwala where he started selling rice and loaves on a rehri. On 29thApril, 1977, Muhammad Sher appellant came to him at his rehri. The complainant demanded the amount from him upon which he told him that the amount will be settled…