Law:

Section:

Penal Code (XLV of 1860) ---- S. 302 read with S. 149 Murder Contention that evidence of members of Police party should not be accepted and that of others being inimical Held, relates to appreciation of evidence and High Court having held that it was a witnessed crime, there was no reason to differ from its view in absence of any substantial reason to discard their evidence Ocular testimony corroborated by capture of accused at spot sufficient to bring home guilt to accused even if identification of hatchet not established Conviction of accused supported by overwhelming evidence Petition dismissed. ORDER MUHAMMAD HALEEM J. The petitioners seek special leave to appeal against the judgment of the High Court of Sind, Karachi, dated 28th of August, 1979, by which Criminal Appeal No. 305 of !976 was dismissed. The petitioners and four others, namely, Arab, Gullo, Faqiro and Gulab were tried for the murder of Janoo under section 302 read with section 149, P. P. C. and for offences under sections 324 and 353 read with section 149, P. P. C. by the Sessions Judge, Larkana, who acquitted Gullo, Faqiro and Gulab and convicted the others under the aforesaid sections and sentenced them to imprisonment for life and to pay a fine of Rs. 2,000 or in default to suffer R. I. for one year on the first count and on the others to R.I. for one year each by judgment dated 20th of November, 1976. On appeal to the High Court, the convictions of the petitioners were maintained but Arab was acquitted. According to the prosecution, one Achar was murdered at 8.30 a.m. on 22nd of September, 1974, and a report of this incident was lodged by his brother, Gul Muhammad Gadehi, at Police Station Bakrani, the same day at 3.15 p.m. He returned from the police station alongwith Tashkeel Hyder, S. H. O., Head Constable Khadim Hussain and Police Constables Qalab Hussain, Muhammad Amin and Mahboob Ahmad in a jeep. After despatching the dead body to the mortuary they went to village Ali Bagh to arrest the assailants namely, Janoo, Kirar, Gullo and Shaman and succeeded in arresting them there. They also secured a hatchet from Janoo. As the Police party boarded the jeep alongwith these persons, they were…

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