Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898)    S. 410 read with Penal Code (XLV of 1860), S. 302-Appeal (criminal)--Murder- -Evidence, appreciation of-Complainant not dis closing accused's name in F. 1. R. nor saying so in his evidence recorded in trial Court-Conduct of two eyes-witnesses of occurrence clearly showing their absence at scene of offence at time of incident Judicial confession of accused neither true nor voluntary-Evidence of extra judicial confession discarded and prosecution also failed to prove recovery of gun from accused beyond reasonable doubt Conviction and sentence set aside, in circumstances.-[Evidence]. Link Dates of hearing : 29th and 30th July, 1980.                                                                                          JUDGMENT GHULAM MUHAMMAD KOUREJO, J.-Hashim son of-Lahno, aged about 30 years, resident of Deh Khushk, Taluka Mirpur Mathelo, alongwith five others was tried by the III Additional Sessions Judge, Sukkur, for offences under section 460 read with section 149, P. P. C. The accused. appellant Hashim son of Lahno and Mubarak son of Bilawal were further tried for an offence under section 302 read with section 34, P. P. C., for having committed murder of Mst. Puni in furtherance of their common intention. The trial Judge convicted the accused-appellant Hashim for an offence under section 302, P. P. C. and sentenced him to suffer imprison ment for life and to pay a fine of Rs.-.3,000 or in default of payment of fine to suffer R. I. for a period of six months. He further directed- that out of the amount of fine if realized a sum of Rs. 2,000 be paid to the heirs of the deceased as compensation under section 544-A, Cr. P. C. He acquitted the rest of the accused Mubarak son of Bilawal, Aziz son of Bilawal, Mashghool son of Dhani Bux, Jani son of Haider and Sabir son of Umar of all the charges. The convict Hashim son of Lahno has come in this Jail Appeal against the conviction and…