Law:

Section:

(a) Criminal trial­-- - Abscondence, effect .of-Conduct of a person in absconding after commission of a crime, held, can be taken as a circumstantial piece of evidence against him to show his concern in offence.-[Abscondence]. (b) Penal Code (XLV of 1860)- -- S. 302-Murder-Evidence, appreciation of-Benefit of doubt­ Medical evidence in glaring conflict with ocular testimony and excluding possibility of injury having been caused with gandhala, allegedly wielded by accused-Accused given benefit of doubt and acquitted, in circumstances.-[Benefit of doubt]. (c) Penal Code (XLV of 1860)-- S. 302-Murder-Evidence, appreciation of-Accused acting at spur of moment in heat of passions and causing a single blow to deceased ­Accused, however, giving blow in front of neck of deceased with a formidable weapon like spear - Accused, held, intended to cause death of deceased, in circumstances-Conviction under S. 302, P. P. C. maintained. (d) Penal Code (XLV of 1860)-- - S. 302-Murder--Sentence, adequacy of-No previous vendetta existing between parties and attack neither premeditated nor pre-­planned-Situation flared up abruptly wherein accused used spear but only once-Sentence of life imprisonment, held, adequate and proper, in circumstances.-[Sentence]. JUDGMENT KHIZAR HAYAT, J.-Farzand Ali (30), Mukhtar (35) and Riaz (35) were convicted by Additional Sessions Judge, Sahiwal, under sections 302/34 and 449/34, P. P. C. each and sentenced to life imprisonment and a fine of Rs. 5,000 each and in default of payment of fine to undergo further rigorous imprisonment of two years under each count vide order dated 22-12-1979. It was further directed that both the sentences awarded to each of them shall run concurrently and half of the fine if realised shall, be paid to the legal heirs of the deceased. The fourth accused namely Razzaq alias Ghulla was given benefit of doubt and acquitted. 2. All the three convicts have filed joint appeal (Cr. Appeal No. 38/80) against their conviction and sentence. On 24-1-1980, at the preliminary hearing of appeal a learned Judge of this Court while exercising his revisional jurisdiction issued a suo motu notice to the appellants to show cause why…

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