Law:

Section:

Penal Code (XLV of 1860)---S. 302-[Murder-case]-Appreciation of evidence-Enmity between accused appellant and brothers of wife of deceased although existing yet no direct enmity between deceased and appellant alleged-Nor does any hostility between eye-witnesses and appellant exist--Mere fact of two of eye-witnesses being closed related to deceased not by itself, in absence of any allegation of enmity between them and appellant, sufficient to dub them as interested witnesses so that their testimony could not be believed without independent corroboration-Yet another witness, in any case, an independent and disinterested witness whose testimony could be safely relied upon without corroboration-Recovery of gun matching with empty cartridge recovered from spot though could not be used to corroborate testimony of witnesses themselves being witnesses of recovery yet same could be used to corroborate testimony of third eye-witness-Injuries found on person of deceased supporting prosecution version as given by eye-witnesses-Abscondence of accused after occurrence for some months also another factor going to support prosecution version-Occurrence taking place in day time and parties knowing each other quite well-Fact of one of injuries being tattooed showing shot having been fired from very close range-Eye-witnesses in circumstances could see and recognise accused-A single person named as accused and substitution a rare occurrence-Accused appellant's conviction, held, rightly upheld by High Court. JUDGMENT ASLAM RIAZ HUSSAIN, J.-This appeal is directed against the conviction and sentence of Muhammad Afzal under section 302, P.P.C. The occurrence took place at 2 p. m. on 18-8-1972 in village Ukhali Muhla District Sargodha. The facts of the case briefly, are that on the fateful day the deceased was proceeding alongwith Muhammad Sher, P. W. 10, and Fateh Muhammad P. W. 12 to the local mosque for saving the Juma prayer. When they had travelled a distance of about 150 karams from the dera of the deceased, Muhammad Afzal appellant confronted them with '12 bore gun and raised lalkara that Ghulam Muhammad would not be spared. Haji Ghulam Muhammad (deceased) asked him why he was…

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