Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)--   ---S.302 read with Ss. 148 149--Trial Court convicting eleven accused under S.302/149, P.P.C. and sentencing them to life imprisonment and acquitting three others--High Court, on appeal, acquitting all the convicted accused--Contention that the two eye-witnesses in the case should have been believed and that the recovery evidence in respect of eleven accused was of corroborative value and there was no justification to reject the same--Eye- witnesses being admittedly interested their testimony required corroboration--Weapons of offence found to have been recovered from accused one month after the occurrence and High Court was thus justified in not considering the recovery evidence as of any corroborative value--No case, held, was made out for grant of leave to appeal--Petition dismissed. ORDER JAVID IQBAL. J. --This petition for leave to appeal has been filed by Muhammad Akram petitioner and is directed against the judgment, dated 4th February. 1984 of the Lahore High Court, Bahawalpur Bench Bahawalpur. The eleven respondents alongwith their three companions were tried under section 302/1 8/149. P. P. C. , and the trial Court vide judgment, dated 3rd November, 1977 sentenced each of the present respondents under section .;02/149, P.P.C. to life imprisonment plus fine on two counts as there are two deceased in the instant case, namely, Habibullah and Sher Muhammad. They were also convicted to two years R.I. under section 148. P . P . C . Their three other companions were acquitted by the trial Court. On appeal by the eleven respondents all of them were acquitted by the Lahore High Court. Bahawalpur Bench vide the impugned judgment. As has been stated above, there are two deceased in the instant case namely Habibullah and Sher Muhammad who are brothers. The occurrence took place on 22nd June, 1976 at 1-00 p.m. in village Mud Adil, District Rahimyar Khan. There are two eye-witnesses of the occurrence namely Muhammad Akram P.W. who is Khala Zad of both the deceased as well as husband of their sister. The other eye-witness is Allah Diwaya P.W.6 whose sister is married to the brother of Muhammad Akram P.W. The background is that in…

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