Law:

Section:

Penal Code (XLV of 1860) S. 302-Murder evidence, appreciation of Case fully proved against accused through dying declaration, statements of eye­ witnesses, recovery of blood-stained crime chhuri as well as motive­ Accused admitting his presence and participation in occurrence but taking up inconsistent pleas and even specific plea of right of self­ defence given a good-bye and fatal knife blow to deceased attributed to a mere chance-Rejection of dying declaration on ground that it was in line with F. I. R. and recovery of weapon of offence for not having been witnessed by a person of locality, held, not tenable in circumstances of case--Conviction and sentence maintained.---[Evidence]. JUDGMENT Learned Additional Sessions Judge, Sialkot, vide judgment dated 2-10-1977, convicted Allah Bakhsh, appellant, under section 302, P. P. C., and sentenced him to imprisonment for life and a fine of Rs. 5,000, or in default in payment of fine to undergo further R. 1. for two years. From the second charge under section 307, P. P. C., he was acquitted. Muhammad Yasin co-accused was given the benefit of doubt and acquitted of the charges. The present occurrence took place _-on 2-10-1975 at 8-00 p.m. in front of the shop of Abdul Ghani situated at Chowk Dara Arain. Allah Bakhsh appellant accompanied by his co-accused Yasin came to the Chowk and threatened the shopkeepers to close their shops. Both of them went to the shop of Abdul Ghani and started throwing the crates for compelling him to close his shop. Abdul Ghani P. W. stopped them from behaving in that manner, whereupon Allah Bakhsh appellant took out the chhuri from underneath the shalwar and inflicted blow to Abdul Ghani in the abdomen. In the meantime, Allah Bakhsh appellant noticed Abdul Shakoor standing near the spot among certain persons. He shouted to his brother-in-law Yasin coaccused to apprehend Abdul Shakoor, who complied the direction and held Abdul Shakoor deceased by the collar. Thereafter, Allah Bakhsh appellant inflicted chhuri blow to Abdul Shakoor deceased on the left loin region. The deceased fell down. The occurrence was witnessed by Abdul Ghani, Muhammad Ishaq, Nuhammad Ashraf, P. Ws. and Javed (not…

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