Law: Penal Code (XLV of 1860)

Section: 302/34

Peal Code (XLV of 1860) S. 302/34 - [Murder-case]-Appreciation of evidence-One of prosecution witnesses utterly independent-Account given by all three prosecution witnesses corroborated by recovery of pistol from first petitioner and such weapon matching with bullet extracted from deceased-Account also corroborated by recovery of chhurri stained with human blood from second petitioner-Motive for offence also proved--Medical evidence further corroborating prosecution version Courts below after appraisal of evidence having felt convinced of account given by prosecution witnesses to be trustworthy in so far as corroborated by recoveries and on such premises giving benefit of doubt to another accused allegedly armed with chhuri but not leading to its recovery, no proper grounds, held, made out to question findings reached by trial Judge and affirmed by High Court.-[Evidence] Date of hearing : 21st February, 1977.                                                                                                                   ORDER MUHAMMAD YAQUB ALI, C. J.-Muhammad Shard alias Billa and Muhammad Sharif alias Channa, petitioners stood convicted under section 302 read with section 34, P. P. C. for committing the murder of one Muhammad Sharif alias Pahara, and sentenced to death. The occurrence was witnessed by Salahuddin, Shah Muhammad and Sakhawat, P. Ws. The first two are related to the deceased but Sakhawat Hussain has been found to be utterly independent. The account given by them was corroborated by the recovery of Pistol (P/1) from petitioner No. 1…