Law:

Section:

(a) Penal Code (XLV of I860)---Ss. 302 & 34-[Murder-case]-Appreciation of evidence-Prosecution witnesses though sons of deceased yet closely related to three of appellants out of whom two real maternal uncles-Such witnesses cannot be expected to falsely involve their own kith and kin in a murder case-One of such witnesses also suffering numerous injuries during incident and such fact proving his presence at spot-Injuries having been caused with weapons like hatchets and dangs, witness having had opportunity of seeing his assailants from very close ' . distance and having known them intimately their identification not surprising-Testimony of such witnesses, held, could in circumstances be believed even without corroboratory evidence but such evidence existing in shape of recovery of crime weapons from appellants-Appeal dismissed.-[Witness]. Link 1 Link 2 (b) Evidence Act (I of 1872)- -- S. 27-Recovery-Testimony of a Policeman as to witnessing recovery of articles from accused-Held, cannot necessarily be dis­believed merely because of his being Policeman.-[Recovery-Witness]. Link Rehan v. The State 1976 S C M R 72, and Emperor v. Santa Singh A I R 1944 Lah. 339 ref. Mumtazuddin's case P L D 1978 S C 114 distinguished. Agha Aziz Ahmad Khan, Advocate Supreme Court for Appellants. Muhammad Bilal, Advocate Supreme Court for the State. Date of hearing : 31st May, 1981. ORDER ASLAM RIAZ HUSSAIN, 1.-This Appeal is directed against the judgment of the High Court dated 26-7-1974, dismissing appellant's appeal in a murder case. 2. The facts giving rise to this petition, in brief, are that Muhammad, Ali Muhammad, Allah Ditta and Bakhsha, alongwith two others, namely Boota and Khan, were tried for the murder of Lai Din and making murderou assault on Murid (P. W. 8). The trial Court by its judgment dated 3-6-1972, acquitted the two co-accused but convicted the four appellants for offence under sections 302/34 and 302/34, P. P. C. They were sentenced to imprison­ment for life under section 302/34, and to 7 years' R. I. each, under section 307/34 P. P. C. They filed an appeal before the High Court, which was dismissed vide the impugned judgment. 3. The occurrence in this…

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