Law:

Section:

(a) Criminal trial- - Evidence-Witness-Reluctance of witnesses from coming forward to depose truth in Pakistan-Held, well understood.-[ Witness-Evidence]. Muhammad Iqbal v. The State P L D 1976 S C 291 rel. (b) Penal Code (XLV of 1860) --- S. 302-Murder-Occurrence taking place at night-Prosecution witnesses rushing to scene of occurrence on hearing alarm and on seeing them accused taking to his heels-Possibility of mistaken identity qua accused not ruled out in circumstances of case-Accused given benefit of doubt, by way of abundant caution, and acquitted.[Benefit of doubt]. Roshan v. The State P L D 1977 S C 557 distinguished. (c) Penal Cede (XLV of 1860)- -- S. 302-Murder-Recovery of incriminating articles at his instance providing strong corroboration against accused-No ground for mitigation of sentence available to accused-Sentence of death confirmed.-[Recovery-Sentence]. JUDGMENT AFTAB FARRUKH, J.-Criminal Appeal No. 1131 of 1976 has been filed by Abdullah and Muhammad Yusuf appellants jointly through jail, whereas Criminal Appeal No. 522 of 1977 has been filed through jail by Muhammad Yusuf appellant alone. Mst. Seeman, her real brother Abdullah son of Nazir, aged 28, and their uterine brother Muhammad Yusuf, son of Abdul Haq, aged 55, were sent up for trial by Police Station, Kamoke, District Gujranwala, for the murder of Mst. Safia, aged 55, wife of Bashir Hussain complainant. Mst. Seeman died before the trial. Mr. Abdul Basir Qureshi, Additional Sessions Judge, Gujranwaia, vide judgment dated 28-4-1976, convicted Abdullah and Muhammad Yusuf under section 302/34, P. P. C. arid sentenced each of them to death and a fine of Rs. 3,00(? each is case of default three years' further rigorous imprisonment. It has also been directed that out of the ,amount of fine, if realized., Rs. 3,000 be paid to the complainant as compensation. This judgment disposes of the Murder Reference as well as both the Criminal Appeals. 2. The occurrence took place on the night between the 13th and 14th of August, 1973, at about 2-30 a.m., in the house of complainant Bashir Husain (P. W. 5) who is husband of Mst. Safia deceased, a retired. school teacher. The house is situated in…

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