Law:

Section:

Penal Code (XLV of 1860)----Ss. 148/449, 302/149, 436/149, & 429 - Murder - Arson-Mischief - House-trespass - Rioting - Appreciation of evidence ­Accused allegedly setting complainant's house on fire and starting firing with to peaks resulting in death of complainant's six minor children, injuring one of her minor daughters on head, killing one buffalo, four oxen, one cow, and one calf-Four Kothas of complainant's house also burnt down - Motive: Son of one accused allegedly murdered by complainant's husband 13 or 14 years earlier-Empties of 12 bore cartridges, smelling fresh discharge recovered from spot ­Five tin boxes of oil found on spot-Blood-stained shirts of victims having corresponding cuts produced by complainant-Investigating Officer himself seeing smoke going up in air from complainant's house Presence of three eye-witnesses at spot of occurrence. ­Fact not open to any doubt-Complainant's statement for having fully identified assailants in light of fire subjected to lengthy cross-examina­tion with a view to bring out such scene having been created by some one else and not by -accused but complainant consistently, standing test-Nature of occurrence and, death of six persons bearing. no doubt as to act having been done by a good number of assailants ­Girl prosecution witness 5 or 6 years old though very minor yet could identify persons whom she saw or knew from before-Such witness having been injured during incident her presence at time of occurrence not open to any doubt-Presence of third eye-witness also not seriously disputed by defence--FIR. lodged without, consulting any one­ Prosecution story quite natural and ringing true-Statements of prosecu­tion witnesses supporting each other-Acquittal recorded by High Court set aside and order of conviction passed by trial Judge restored.­[Appeal against acquittal]. Sahibzada Akhtar Munir, Asstt. Advocate-General, N: W. F. P. assisted by Safdar Hussain, Advocate-on-Record (absent) for Appellant. M. Kowkab Iqbal, Advocate-on-Record for Respondents. Date of hearing : 20th April, 1981. JUDGMENT. SHAH NAWAZ KHAN, J.-In this case leave to appeal was granted by this Court on the 16th of May, 1979, because it…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492