Law: Penal Code (XLV of 1860)

Section: 302, 34

Law: Criminal Procedure Code (V of 1898)

Section: 162, 342

Penal Code (XLV of 1860)  S. 302/34 read with Criminal Procedure Code (V of 1898), Ss. 162 & 342-Murder-Case against accused found to have been based on statement of accused made to Investigating Officer conviction and sentence set aside. Date of hearing : 6th December 1980.                                                                                                                                                                ORDER MUSHTAQ HUSSAIN, J.-Muhammad Khan, Shera and Allah Yar were tried by the learned Sessions Judge, Jhang, under sections 302/34 and 307/34, P. P. C. for having in furtherance of their common intention on the night between 12th and 13th of July, 1973 in the area of village Jhanda caused the death of Ata Ullah in his own house. They were also charged with making a murderous assault on Mst. Phaphan in furtherance of their common intention at the same time and place. By his order dated 30th of April, 1975 the learned Sessions Judge convicted all the three accused under section 302/34, P. P. C. and awarded the sentence of life imprisonment to all of them. They were also sentenced to pay a fine of Rs. 500 each or in default to undergo rigorous imprisonment for six months each. The fine, if realized, was to be paid as compensation. They were acquitted of the charge under section 307/34, P. P. C. The Lahore High Court by its order dated 18th June, 1976 set aside the conviction and sentence of Shera and Allah Yar and they were acquitted. By the same judgment the conviction and sentence of Muhammad Khan were maintained in criminal appeal. 2. Aman Ullah P. W. 7, the complainant and brother-in-law of the deceased, Mst. Phaphan P. W. 8 the injured wife of the deceased and Wali Muhammad P. W. 9, a friend of Aman Ullah, were produced to give…