Law: Penal Code (XLV of 1860)

Section: 302, 307, 34

Penal Code (XLV of 1860) Ss. 302, 307 & 34-Murder-Accused allegedly armed with lathis, hatchets, and gun attacking and killing deceased-- Accused pleading to have hurled stones at deceased and his party in right of self-defence when assaulted-Accused having large number of injuries on their persons and such injuries not accounted for by prosecution-Large number of witnesses assembled at spot of occurrence but none examined to corroborate pro secution version-Medical evidence not excluding possibility of deceased's injuries being caused' by hurling bricks-Weapons recovered at accused's instance not bearing any blood-Possibility existing of sudden fight on dispute over lifting of stones as alleged by accused and of accused having acted in self-defence-- Accused appellants given benefit of doubt and acquitted. Date of hearing : 31st January 1973.                                                                                                                                  JUDGMENT SAAD SAOOD JAN, J.-Sher Zaman, his sons, Sultan and Lal, and nephew, Mehrban, have been convicted by the learned Additional Sessions Judge at Rawalpindi for the offences under sections 307 and 302, read with section 34, Pakistan Penal Code, on the allegations4hat they in furtherance of their common intention, committed the murder of Din Muhammad deceased and made murderous assaults upon his sons-in-law, Noor Ahmad (P. W. 13) and Nur Elahi (P. W. 14). For the offence under section 302 they have been sentenced to death and for the offence under section 307 they have been directed to suffer rigorous imprisonment for a period of five years. The appellants have filed this appeal against their conviction and sentence and the learned Additional Sessions Judge has also made a reference for confirmation of the death sentence. This judgment will dispose of both…