Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860)--   ---S.302/34--Acquittal--Accused had no motive to kill deceased-­Possibility that accused was-falsely involved in case not ruled out-­Recovery of gun from house of accused rendered doubtful as same was not attested by person of locality--Investigating Officer admitted in his cross-examination that a large number of persons of village where occurrence took place, were present but he was unable to furnish any explanation as to why he picked up a person of another village to testify recoveries--Acquittal of accused upheld in circumstances.   (b) Penal Code (XLV of 1860)--   ---S.302/34--Accused having a motive to kill deceased--Occurrence took place in broad daylight and question of mistaken identity of accused thus not arising--Conviction of accused maintained.   (c) Penal Code (XLV of 1860)--   ---S.302/34--Accused, a young person of 17 years of age at time of occurrence and remained in jail for 13 years, out of which he was lodged in death cell for 11 years--Heirs of deceased entered into compromise--Sentence of death substituted with sentence of imprisonment for life in interest of -justice.--[Compromise]. JUDGMENT USMAN ALI SHAH, J.--These two connected appeals, one bearing criminal appeal No.205 of 1980, filed by Atta Muhammad appellant and the other bearing criminal appeal No.206 of 1980 filed by appellant Mukhtar, arise by special leave, from the judgment of the Lahore High Court dated 17-4-1979, whereby the death sentence of Mukhtar appellant awarded to him by the learned Sessions Judge Sargodha, was confirmed and his appeal was dismissed while the appeal of his co-accused, Ghulam Muhammad against his death sentence was accepted and he was acquitted. The revision of the complainant filed against the acquittal of Dossa and Ali was also dismissed by the High Court by the same judgment. The prosecution story, briefly stated, is that on 3-11-1974 at about 1100 hours Ahmad Khan deceased, his son Atta Muhammad (P.W.12) and his son-in-law Bashir deceased, were sitting on the benches at the platform of Railway Station Hazoorpur and waiting for a train for Bhera, where they have to offer condolences to one…

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