Law:

Section:

(a) Penal Code (XLV of 1860)---S. 302-Evidence, appreciation of-Ocular testimony found reliable and identity of accused established-Evidence of recoveries also accepted-Conviction maintained. (b) Penal Code (XLV of 1860)- -- S. 302-Rule falsus in uno falsus in omnibus, held, not applicable for discarding evidence of witnesses as a whole and so much of evidence which is credible can be accepted. ORDER MUHAMMAD HALEEM, J.-Petitioners, Khairu and Shamira, were tried alongwith Said, Goman and Mamman for the murder of Falak Sher at 9 p. m. on 25th of July, 1973, in the Ihata of a house in village Dad Jamlera. While the petitioners were convicted under section 302 read with section 34, P. P. C. the other three were acquitted. The first petitioner was sentenced to death and to pay a fine of Rs. 200 or in default to undergo rigorous imprisonment for two months and the second to imprisonment for life and to pay a fine of Rs. 200 or in default to suffer rigorous imprisonment for two months. The F. 1. R. was lodged by Abdul Hamid, a brother-in-law of the deceased at 3 a. m. on 26th of July, 1973, at Police Station Ahmad Yar, District Sabiwal. The incident was stated to be witnessed by his two other brothers also namely, Abdul Majid and Abdul Ali. From the courtyard of the acquitted accused, Mamman, seven crime empties of 12 bore and from the lane, outside the courtyard, three crime empties of the same bore were seized. There was no previous enmity between the parties and the incident occurred over the possession of an Ihata of a Shamilat which was vacated by Khadim Hussain, a Moin, who, after locking it, had given the key to Abdul Hamid. Falak Sher and his brother-in-law, Abdul Ali. had occupied this Ihata a day or two earlier and the petitioners and the acquitted accused wanted to eject them and it was, therefore, that they had come armed to take its forcible possession. It may here be stated that the parties are co-sharer of the Shamilat but have no relationship with each other. The second petitioner was arrested on 30th of July, 1973, and from his possession his licensed gun was secured which matched with six crime empties. The first petitioner was arrested on the 31st…

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