Law:

Section:

Penal Code (XLV of 1860)-S. 302/49 read with Constitution of Pakistan (1973), Art. 185(3)­[Murder-case] -Appeal against acquittal-Appreciation of evidence­ Murder taking place at dera where presence of one of deceased explained but presence of accused remaining unexplained except as aggressors-Some material facts playing decisive role in determining credibility of prosecution case and reasonable probability of defence not noticed by High Court while ordering acquittal-Prosecution witnesses present in dera injured and natural witnesses-No occasion for accused to have taken any action in exercise of right of private defence-Evidence of motive found convincing and proved by trial Court brushed aside by High Court not for good reasons but only casually-Prosecution witnesses appearing to be totally disinterested and quite natural witnesses-Trial Court, in circumstances, held, fully justified consistently with requirement of safe administration of criminal justice in believing injured disinterested witnesses and in giving full effect to their statements only against injured accused and another one having a strong motive in matter and not against others ­Motive for occurrence being attempt of accused to vindicate their family honored involving a female closely related to all of them, imposition of death sentence, held, not called for and sentence of transportation for life proper sentence in circumstances.-[Appeal against acquittal-Evidence] ORDER SHAFI-UR-REHMAN, J.-Muhammad Din and five others (Nasira, Amir Ghulam Rasool, Fazal Ahmad and Manak) all of the same family were found guilty by the Sessions Judge on 31-7-1971 of having caused the deaths of Nazra and Mushtaq and injuries to Manzoor (P. W. 17) on 22-11-1968. They were all convicted under section 302/ 149, P. P. C. (two counts), Muhammad Din and Nazira were sentenced to death and the four others to transportation for life. In addition all the six were convicted under. section 307/149, P. P. C. for murderous assault on Manzoor (P. W. 17) and sentenced to three years' R. I. and Rs. 2,000 fine each or in default one year R. I. each. They were also convicted under section 324/149, P. P. C. for injuries to Sultan…

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