Law:

Section:

Penal Code (XLV of 1860)-----Ss. 302 & 149--Appreciation of evidence--Motive for the crime, while it is always a satisfactory circumstance of corroboration when there is a convincing evidence to prove the guilt of an accused person, could not supply the want of reliable evidence, direct or circumstantial, of the commission of the crime with which accused is charged--Accused was empty-handed and had caused no injury to the deceased and his alleged holding the victim by his hair was not mentioned in the F.I.R.--Accused, being not author of any of the injuries which resulted in the death of the deceased, imprisonment for life and Rs.50,000 as fine, held, would meet the ends of justice in circumstances. JUDGMENT MIAN BURHANUDDIN KHAN, J.-- Accused /appellant Ghulam Hassan alongwith Muhammad Ramzan, Allah Diwaya, Ata Muhammad and Sher Muhammad were tried by the learned Additional Sessions Judge, Dera Ghazi Khan under sections 302/149 and 148, P.P.C. for committing the murder of Ghulam Shabbir. Muhammad Ramzan, Allah Diwaya and the accused/ appellant Ghulam Hassan were sentenced to death and a fine of Rs.1,000 while Ata Muhammad and Sher Muhammad were sentenced to life imprisonment and a fine of Rs.1,000 each per judgment of the learned trial Court dated 26-5-1979. Appeal and Murder Reference were heard by a learned Division Bench of the High Court and the learned Judges acquitted Ata Muhammad and Sher Muhammad for the reasons that they were empty handed at the time of occurrence and they had not inflicted any injury to the deceased. No incriminating article was recovered from their possession. In addition to this there was no direct motive for these two accused /appellants to commit the murder of Ghulam Shabbir deceased; while death sentence awarded by the learned trial Court to Muhammad Ramzan, Allah Diwaya and accused/ appellant Ghulam Hassan was confirmed vide the impugned judgment of the High Court dated 18-10-1981. 2. According to Allah Ditta complainant IP.W.6 on 23-4-1977 he alongwith his nephew Ghulam Shabbir deceased had gone for collecting the wheat of Sardar Fateh Muhammad Khan Jalbani, resident of Pir Chah Areywala. At about sun-set time he was…

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