Law: Pakistan Penal Code, 1860

Section: 34,302

Penal Code (XLV of 1860)- -- S. 302/34-[Murder-case]-Appreciation of evidence--No evidence for assumption that prosecution witnesses could not be present at scene of occurrence or could not have possibly heard alarm raised by deceased-Fact of accused having been overpowered with bloodstained toka clearly recorded in F.I.R, and police arresting accused and taking toka into possession in early hours next morning-Clothes of accused A and M also stained with blood, certified by Serologist of human origin-Prosecution witnesses subjected to very lengthy cross-examination yet defence not enabled to get anything of consequence in its favour-Statements of prosecution witnesses clear and consistent and not admitting of any material doubt-Prosecution, held, succeeded in proving its case against accused A and M beyond reasonable doubt-Accused M having confessed guilt and been shown to have inflicted fatal injuries, sentence of death as against him maintained Accused A however having been motivated by sole desire to defend family honour of his friend M (immediate cause of murder being deceased's illicit relations with accused M's brother's wife), held, entitled to lesser penalty of life imprisonment-Accused R alleged to have held deceased from waist while accused M and Y inflicted injuries on deceased but though apprehended on spot yet his clothes not stained with blood, a fact highly improbable in circumstances-Recovery of chhuri from accused Y not made according to law and no blood-stained clothes recovered from him although such clothes recovered from participating accused-Accused R and Y, held, entitled to benefit of doubt and acquitted.-[Evidence-Benefit of doubt]. THIS JUDGMENT DELIVERED BY: MUHAMMAD AMIN Butt, JUSTICE------- This judgment will disposed of Criminal Appeal Nos. 1119 of 1976, 1120 of 1976, Criminal Revision No. 325 of 1977 and Murder Reference No. 28 of 1977 arising out of the judgment dated 22-9-1976 passed by Mr. Muhammad Nasim, Sessions, Judge, Kasur. The learned Sessions Judge tried (1? Muhammad Ashiq son of Abdullah, (2) Muhammad Younas son of Muhammad Ashiq, (3) Amanat Ali son of Muhammad Ashiq, (4) Rehmat Masih son of Sunda, and (5) Muhammad…

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