Law:

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Penal Code (X LV of 1860)--- S. 302/34-Evidence, appreciation of-Firing of first shot alleged against accused persons from 5/6 karams which bit deceased and as a result thereof he fell down-Further shots fired after coming nearer-Medical evidence contradicting version -Fact that one of injuries caused by a shot fired from less than four feet not supported by medical evidence-Black as well as whitish gun powder also not present around injury as such cannot be said to have been fired at a distance of 1'-Evidence of recovery not free from doubt, recovery witnesses being cousins of deceased-Two eye-witnesses closely related to deceased and inimical towards accused-Other witness' evidently a stock witness-Evidence of other witnesses lacking independent corroboration-Conviction and sentence set aside in circumstances of case. Modi's Medical Jurisprudence ref. JUDGMENT ASLAM RIAZ HUSSAIN, ACTG. C. J.--This petition is being disposed of after having been converted into appeal. Muhammad Azam and Muhammad Akbar, petitioners who are real cousins, inter se, have sought Leave against the judgment of a learned Single Judge of the Lahore High Court dated 2-2-1980, dismissing their appeal in a case under section 302/34, P. P. C. and upholding their sentence of imprisonment for life and a fine of Rs. 3,000 each and or to undergo further R. I. of 2 years in default of payment of fine. The two appellants who are accused of the murder of Muhammad Ramzan (deceased) at the Tonga Stand in Village Okhli Mohla, Tehsil Khushab, District Sargodha, at about I1-30 a.m. on 30-6-1974. The matter was reported to the police by Muhammad Hayat (P. W. 8), brother of the deceased at Police Station Gunjial vide F. I. R. No. l I1 dated 30-6-1974. 3. The facts of the prosecution case, briefly, are, that on the day and time of the occurrence Muhammad Hayat (P. W. 8), Muhammad Ramzan (deceased) and Muhammad Aslam (not produced), all of whom are tonga drivers, had parked their tongas at adda in Village Okhli Mohla and were sitting under the nearby chhappar. Muhammad Qasim (P. W. 9) was present there in order to catch bus. Muhammad Nawaz (P. W. 11) a cousin of Muhammad Hayat (P. W. 8) also happened to…

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