Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Appreciation of evidence---True motive had not been disclosed ---Medical evidence conflicted with the ocular account as regards the time of occurrence---Possibility that eye-witness could not make out which of he two accused fired and hit deceased could not be ruled out---Recoveries could not be safely relied upon---Held, it was unsafe to rely on the ocular testimony, which appeared to be highly contradictory and discrepant in material particulars and could not be safely accepted to convict a person on a capital charge---Accused was ordered to be acquitted by Supreme Court in circumstances. JUDGMENT RUSTAM S. SIDHWA, J: --This is an appeal by Muhammad Younus than appellant against the judgment of a learned Division Bench of the Lahore High Court dated 12-10-1987 dismissing his appeal. 2.The brief facts of the case are that" on 4-2-1984 there was a wrestling bout in which Jamshed Khan, minor son of Younus Khan accused, was knocked down by Anwar Khan, minor son of one Nazir. Talib Khan PW l0 brother of the complainant and the deceased, who was present, ridiculed Jamshed Khan. saying "Ja Putra Tere Peo Ne Tanu Geo Gat Khhalaya Ae, Pher Dobara Tiar Ho". Jamshed Khan went home abusing Talib Khan P.W. 10 and apprised his mother of the situation, upon which she went to the house of the complainant party and after having an altercation with the ladies, left the house abusing them. On the next day, i.e. 5-2-1984 at 6.45 p.m. Sarwar Khan complainant P.W. 7 and his father Ghulam Rasool were present in their house, when Safdar Khan accused gave a call from outside their house that they should come out whereupon they came out and saw Safdar Khan and Younus Khan accused, both armed with pistols, standing in the street. Both of them tried to catch hold of Sarwar Khan complainant P.W. 7, but he started running and raising alarm. Safdar Khan accused fired at him, but his shot missed and the bullet struck the wall. Both the accused chased him. In the meantime Mushtaq Khan deceased, younger brother of the complainant, came out of the Haveli on hearing his alarm. Safdar accused gave him a blow with the butt of the pistol on his right cheek and…

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