Law: Penal Code (XLV of 1860)

Section: 302, 307, 149

(a) Penal Code (XLV of 1860) Ss. 302, 307 & 149.-[Murder case]-Eye-witnesses natural, having sustained injuries during occurrence, their version, except for minor immaterial discrepancies, consistent throughout Statements of injured witnesses with regard to their being injured supported by medical evidence-Witnesses, held, trustworthy and reliable-Appeal dismissed. (b) Penal Code (XLV of 1860) Ss. 302, 307 & 149-Murder-Mitigation of sentence-Contention that accused having no intention to kill and being not alone specifically mentioned as having fired, resulting in death, deserved lesser penalty-Accused alongwith his companions having come at dead of night armed with deadly weapons intending to forcibly abduct a woman, witnesses having identified accused in moon light as having fired fatal shot and such accused having also motive to kill, case, held, called for no leniency-Sentence of death confirmed. Dates of hearing : 7th and 9th April 1975.                                                                                                                    JUDGMENT JAVID IQBAL, J.--Lakhu alias Lakhi, aged 28 years and his brother Muhammad Yar alias Mammoon, aged 30 years, both sons of Gahra, and Sajwara son of Gehna, aged, 32 years, their relative, have been convicted and sentenced vide judgment dated the 7th of July, 1973, of the Additional Sessions Judge, Sahiwal as follows : Lakhu was convicted under section 302 P. P. C. for the murder' of Murid and was sentenced to death plus fine of Rs. 5,000 or in default to undergo three years R. I. The fine if realized was to be paid to the heirs of the deceased. Sajwara was convicted under section 325/34 P. P. C. for causing injuries to Mst. Jannat (P. W. 16) and Khan Muhammad (P. W. 17) and was sentenced to three years R. I. plus fine of Rs. 500 and in default to undergo further six months R. I. Likewise, Muhammad Yar…