Law: Penal Code (XLV of 1860)

Section: 302, 307

Penal Code (XLV of 1860)  Ss. 302 & 307 --- Murder-Eye-witnesses turning hostile --Prosecution witnesses admitting of two parties in village, one led by accused and other by deceased-Evidence regarding presence of accused with rifle at scene of occurrence not corroborated-Possibility of involving accused due to previous enmity existing-- Conviction set aside in circumstances. Dates of hearing : 2nd and 6th February 1973.                                                                                                                        JUDGMENT ATAULLAH SAJJAD, J.-Said Muhammad appellant in this case was committed to the Court of Session alongwith his first cousin Rashid alias Shani, his father's brother Nur Muhammad, the father of aforesaid Rashid, and Bashir, who is also related to him, to stand trial for offences under sections 302/34, 307/34, 452/34, 429/34, and 380/34, P. P. C. By the time trial was held Rashid alias Shani had met his death during an encounter with the Police and only three accused, namely, Said Muhammad, Nur Muhammad and Bashir were tried. Ch. Shamas Din, Additional Sessions Judge, Lahore found Said Muhammad guilty under section 302/34. P. P. C. for causing the death of Mst. Pahna and sentenced him to death. He also found him guilty on two counts under section 307/34, P. P. C. for making murderous assault on Mst. Sughran and Ashraf P. Ws. and sentenced him to transportation for life. These sentences of transportation for life were to run concurrently in case of non-confirmation of sentence of death passed on the appellant. 2. This order shall dispose of Criminal Appeal No. 833 of 1970 as well as Murder Reference No. 25 of 1971. 3. The parties are residents of village Keet in Police Station Kahna Kachha, District Lahore. The evidence discloses that they are closely related but the seeds of discord were sown when criminal…