Law: Penal Code (XLV of 1860)

Section: 302, 34

  Penal Code (XLV of 1860)  S. 302/34-Accused two in number alleged to have committed murder-Three independent witnesses stating to have seen one person running after occurrence but such person not identified Name of other witness implicating accused not appearing in F. I. R. and such witness residing at distance of 5/6 miles away from place of occurrence-Witness not caring to leave for home, although curfew time approaching and giving statement to police within curfew time without having any pass--Others stating to have seen deceased but giving materially contradictory statements F. I. R. lodged after unexplained delay of 3 hours-Evidence of recovery of weapon not reliable-Motive of murder not convincing rather showing possibility of false implication of accused-Incident occurring in days of serious disturbances when cases of stone throwing and stabbing happening-Possibility of deceased having bees a victim of one such unfortunate stabbing incident by unknown miscreant, held, cannot be lightly brushed aside-Convic tion and sentence of accused set aside fn circumstances of case. Dates of hearing : 17th and 18th October 1972.                                                                                                                     JUDGMENT Z. A. CHANNA, J.-The two appellants Muhammad Nasim and Muhammad Mubin, who are brothers inter se, were tried by the learned Additional Sessions Judge, Karachi, under section 302 read with section 34, P. P. C., for committing murder of their relation Khalid, and were con victed and sentenced for the said offence to death. The learned Additional Sessions Judge has referred their case for the confirmation remittance, while they have preferred an appeal against their conviction. This judgment will dispose off both the reference and the appeal. 2. According to the prosecution case, some two years prior to the incident, appellant…