Law: Penal Code (XLV of 1860)

Section: 302/34

Penal Code (XLV of 1860) S. 302/34-[Murder-case]-Appreciation of evidence-Criticism of appraisement of evidence by Courts below-Without substance Appraisement of evidence by lower Courts on other hand not suffering from any error either of law or principle or facts-No reason, held, to interfere with concurrent findings of lower Courts finding petitioners guilty of offence charged--[Evidence]. Date of hearing : 16th February, 1981.                                                                                                                            ORDER NASIM HASAN SHAH, J.-This petition is directed against the judgment dated 28-8-1979 passed in Criminal Appeal No. 541 of 1978 by a learned Single Judge of the Lahore High Court. The relevant facts are that Muhammad Siddique son of Allah Ditta, petitioner herein, suspected Shahadat deceased, belonging to the complainant party, of having illicit relations with his wife Mst. Ferozan. This was naturally resented by Muhammad Siddique, who wanted to avenge the insult. Shahadat and some members of the complainant party approached Muhammad Siddique and also took an oath on the Holy Qur'an that in future the deceased would treat Mst. Ferozan like his own sister and that he be forgiven for his past deeds. The accused party was satisfied by the oath but, in fact, they continued to harbour a grudge against Shahadat deceased. On the fateful evening, the deceased was surrounded by Siddique, Yara, Sardara (petitioners 1-3) and Muhammad Siddique son of Karam Ali acquitted accused when he was watering his crops. At that time, his father Shaman complainant was sitting by the side of the road closeby. The petitioners were armed with hatchets and were raising lalkaras that they would avenge their insult and initiated an attack on Shahadat deceased. The petitioner…