Law: Penal Code (XLV of 1860)

Section: 302, 34, 326, 323

(a) Penal Code (XLV of 1860)  S. 302/34-Murder trial-All prosecution witnesses injured ---Fact of such witnesses being injured in same incident which led to murder of deceased not denied-Occurrence having taken place in courtyard of complainant party's house at night fact of witnesses being related inter se as also to deceased supported their presence on spot-Witnesses, in such background, most natural witnesses-Witnesses having unanimously deposed of accused M having fired at and killed deceased-Medical evidence as well as motive of offence corroborative of oral testimony of prosecution witnesses-Accused appellant M, held, rightly convicted of murder-- Sentence of death confirmed. (b) Penal Code (XLV of 1860) Ss. 302/34-Murder trial-Accused M firing at deceased and killing him on spot-Accused S giving a sword blow to a prosecution witness trying to intervene-Accused S also giving two more further flows to such witness and others subsequently-- Receipt of injuries by witness supported by medical evidence-- Accused S, held, rightly convicted under Ss. 326 & 323, P. P. C. but his conviction under S. 302 not rightly recorded and set aside. Dates of hearing : 14th and 17th March 1975.                                                                                                                            JUDGMENT M. SIDDIQ J.----The brief facts of the case as narrated by Mst. Naziran complainant in the F. I. R. are that on the night between the 18th and 19th of July 1972, she alongwith other members of the family including her brother Muhammad Yar deceased, her mother Mst. Aisha and her sister Mst. Bashiran was sleeping in the courtyard of their house. At about mid night, Muhammad Shafi appellant armed with a sword and his son Muhammad appellant armed with a rifle alongwith four other acquitted co- accused persons entered the courtyard. On the…