Law: Pakistan Penal Code, 1860

Section: 302

(a) Penal Code (XLV of 1860)---Ss.302, 34, 324 & 323--Eye-witnesses fully supporting prosecution version as contained in first information report--Presence of witnesses at place of occurrence quite natural and probable--Empties recovered from spot found to be wedded with shotgun recovered from accused and Kassi recovered from co-accused found to be stained with human blood, furnishing positive and independent corroboration to testimonies of eye-witnesses--Motive alleged in first information report proved-­Prosecution establishing beyond reasonable doubt that deceased was murdered by accused--Conviction upheld in circumstances. (b) Penal Code (XLV of 1860)-- ---Ss.302,34,324 & 323--Sentence--Age--Accused under fifteen years' of age at time of occurrence and acting under influence of his uncle, a co-accused--Extreme penalty of death, held, was not warranted in such case--Sentence of death altered to imprisonment for life. (c) Penal Code (XLV of 1860)-- ---S.302--Sentence--Family honour--Accused real brother of lady abducted by deceased who later contracted marriage with her-Accused committed murders in connection with family honour--Sentence of death altered to imprisonment for life. ORDER LEHRASAP KHAN, J.--Sanaullah (16) son of Muhammad Malik and his paternal-uncle Abdul Khaliq (26) son of Ghulam Haider, have been convicted by the learned Sessions Judge, Bahawalnagar, vide his judgment dated 19-11-1983, under section 302/307/324/323 read with section 34 PPC, for causing the murders of Murad Ali and Muhammad Abbas, for murderous assault on Mst.Shahnaz Kausar and for causing injuries to Javed Iqbal, Ghulam Nabi and Khurshid Bibi. Under section 302/34 PPC, both the convicts have been sentenced to death and a fine of Rs.2,000 or in default six months' R.I. on each count. They have further been directed to pay compensation of Rs.2,000 each to the heirs of Murad Ali and Muhammad Abbas deceased or in default six months' R.I. For attempting the murder of Shahnaz Kausar, both the convicts have been sentenced to seven years' R.I. and a fine of Rs.1,000 or in default three months' R.I. They have also been directed to pay Rs.1,000 each as compensation to…

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