Law: Penal Code (XLV of 1860)

Section: 302, 149

Penal Code (XLV of 1860) S. 302/149-[Murder case].-Parties highly inimical to each other and found to have implicated one another in many criminal cases still pending-Eye-witnesses partisan and interested and their testimony not independently corroborated-Independent witness only one yet such witness not produced-Prosecution witnesses' statement that all seven accused fired with guns at deceased at one and same time not supported by medical evidence-Deceased allegedly fired at from a distance more than 12 feet but shots fired from such distance ordinarily would spread within a radius of five to eight inches-Injuries sustained by deceased accordingly could not' be result of seven shots-No pellet marks existing on wall or nearby tree either-Eye-witnesses account such as it would either be believed in toto or rejected in toto-Intention to rope in as many persons from other side as possible existing and difficult to separate guilty from innocents-Not safe in circumstances to sentence innocents with guilty-Accused appellants given benefit of, doubt and acquitted. Date of hearing : 27th February 1975.                                                                                                                       JUDGMENT JAVID IQBAL, J.----Sarwar aged 60/70 years, Allah Yar aged 30 years, Bala aged 40 years, and Muhammad aged 50 years sons of Mir, Aslam aged 19/20 years and Nausher aged 25 years sons of Sarwar mentioned above, and Bakha son of Kamir aged 25 years first cousin of Sarwar mentioned above, have been convicted and sentenced vide judgment dated the 30th of April 1974, of the Additional Sessions Judge, Lyallpur, as follows : All the seven were convicted under section 302/149, P. P. C. for the murder of Faiz and each of them was sentenced to death as well as fine of Rs. 1,000 or in default to undergo two years' R. I. and if the fine was realized out of…