Law: Penal Code (XLV of 1860)

Section: 302/34

Penal Code (RLV of 1860)--   --S.302/34--Reappraisal of evidence--High Court noticing contra­dictions in statements of witnesses--Recovery evidence found unreliable--Convictions set aside--Order impugned--Ocular account of eye-witnesses, medical evidence and motive for offence suffering frog. material improvements and contradictions which were thoroughly sifted by High Court--Satisfactory reasons to discard ocular evidence available--View taken by nigh Court upheld.   ORDER USMAN ALI SHAH, J.--This petition for leave to appeal has arisen from the judgment and order dated 16-11-1981, passed by the Lahore High Court, Circuit Bench, Bahawalpur, whereby Cr.A. No.123 of 1979 of the respondents Nos.l-4 against the judgment dated 9-12-1979 of the Additional Sessions Judge, Bahawalpur, convicting them under section 302/34, P.P.C. and sentenced respondent No.l to death, respondents Nos.2-4 to life imprisonment. Fine of Rs.5,000 each, was also imposed upon them or in default to undergo further R.I. for 1 year each and fine if realized, half of which shall be given to the heirs of the deceased as compensation, was accepted by the impugned judgment. According to the F.I.R. brief facts of the case are stated to be that 11 years prior to the occurrence Dad Ali father of Faiz Muhammad, respondent No.l was murdered. Respondent No.l suspected the hand of Bagh Ali Shah (deceased) in the said murder. Panchayat Nwas convened and the police investigation revealed that Bagh Ali Shah (deceased) was innocent in that case. Respondent No.l and his relatives were, however, still of the view that the deceased was the real murderer of Dad Ali, On 25-8-1976 at 3.00 a.m. respondents No. 1-4 went to the Dera of Bagh Ali Shah, where he was asleep, for taking revenge of the suspected murder of Dad Ali. Faiz Muhammad. Sher Muhammad and Manzoor Ahmed were armed with guns whereas Farid alias Fareedi was armed with hatchet. Near Bagh Ali Shah, Alawal, Muhammad Shaft, Zafar Shah and Khurshid were also sleeping on the cots. Alawal (PW.9) who got up to urinate, saw Farid accused armed with a hatchet standing by his cot and that of the witnesses while the other three accused were standing on…

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