Law:

Section:

Penal Code (XLV of 1860) ---- S. 302 [Murder case] Appreciation of evidence Occurrence tak¬ing place in broad daylight, site of occurrence close to houses of main eye witnesses; First Information Report promptly lodged; neither of eye¬witnesses inimical to accused appellants so as to. involve them in a case of murder Evidence of witnesses though discrepant in respect of inconsequential particulars of case yet substantially seeming to be true and inspiring confidence Injuries on an accused suffered by him during struggle in course of deceased's trying to release himself from clutches of appellants Serologist's report supporting prosecution case in respect of crime knife being stained with human, blood Witnesses of recovery residents of Mohallah and nothing unnatural in their evidence Trial Judge and High Court scrutinising all evidence on record with care and feeling satisfied about evidence tendered by prosecution and no legal error shown committed Appeal dismissed in circumstances. [Evidence]. ORDER G. SAFDAR SHAH, J. The three appellants herein were tried by the Sessions Judge, Lyallpur, under section 302/34, P. P. C. for the murder of Muhammad Yusuf, who found them guilty, convicted them and sentenced each one of them to imprisonment for life and a fine of Rs. 100, each and in default thereof R. I. for three months. In the trial Court, the prosecution mainly relied on the eye witness account furnished by Abdul Latif complainant (P. W. 8) and Abdul Ghafoor (P. W. 9). It also relied on the evidence of Muhammad Ashraf (P. W. 4) and Meraj Din (P. W. 5) as they were the attesting witnesses of the Mashirnama through which appellant Sikandar is said to have produced before the investigating Officer, namely, Syed Anwar Ali Shah, the knife with which Muhammad Yusuf had been murdered just as it relied on the medical evidence of Doctor Imtiaz Ahmad, who had conducted the autopsy on the dead body of Yusuf as well as examined appellant Sikandar, as he also was found injured. Now the evidence of P. W. Abdul Latif, who is the maternal uncle of the deceased, and whose evidence substantially recalls what he had said in the F. I. R., is that on 21 2 1972, at about 5 30 p. m.…

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