Law:

Section:

Penal Code (XLV of 1860)-- Ss. 302/149 [Murder case) Appreciation of evidence Names of accused excepting two not mentioned in F. 1. R. by informant a boy of 6/17 years old May be informant disclosed names of all accused and report not recorded faithfully or else names of all accused known to witness M claiming to be eye witness of occurrence could not be omitted from being recorded Witness M being of doubtful character for not having produced gun which according to evidence, he used to defend himself against accused at time of occurrence and also for having tried to deny registration of criminal case against him for standing cotton of an accused Conduct of Investigating Officer showing lapses in investigation giving rise to many glaring irregularities, such as, time of recording report, sending of dead bodies to mortuary etc. ¬Words in F. I. R. also appearing to have been changed as admitted by Investigating Officer himself Gun used in commission of offence having belonged to an acquitted accused and no corroboratory evidence available in respect of statements of prosecution eye¬witnesses as against appellants Accused connected with crime by virtue of statement of Arms Expert and recovery of gun already let off by trial Court and High Court Appellants, held, could not, in circumstances, be saddled with responsibility of committing double murder Appeal accepted and appellants acquitted of charge of murders. JUDGMENT MIAN BURHANUDDIN KHAN, J. The three appellants, along-with five others, were tried by the Additional Sessions Judge (I) Sahiwal under section 302 read with section 149, on two counts and section 148, P. P. C. for committing the murders of Muhammad Din Shah and his son Mukkammal Hussain Shah by firing at them on 29 10 1972 at about Aserwela in the area of Chak No. 169 9 L. The learned trial Judge, vide his judgment dated 23 12 1976, acquitted Jaffer, Tasgheer and Javedur Rehman, and convicted Abdul Aziz, Abdul Rashid, Misbahuddin and Makkhan, accused, to life imprisonment on two counts and a fine of Rs. 200 each, and, in default of the payment of fine, to suffer further R. I. for six months on each count. The sentences of imprisonment were to run…

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