Law:

Section:

(a) Penal Code (XLV of 1860)--S.302/34---Appreciation of evidence---None of the crime empties secured from the place of occurrence had matched with the gun of accused who was a resident of a place 40 miles away from the place of occurrence---Participation of accused in the occurrence was highly doubtful---Accused was given benefit of doubt and-'acquitted accordingly. (b) Penal Code (XLV of 1860)--- ----S.302/34---Appreciation of evidence---Participation of co-accused in the occurrence was proved--- Ocular account was fully corroborated by Fire-arms Expert's report---Prosecution had, thus, proved its case against co-accused beyond doubt---Conviction of co-accused was consequently maintained. (c) Penal Code (XLV of 1860)--- ----S.302/34---Sentence---Mitigating circumstance---Chances of co-accused having acted under the influence of their elder could not be ruled out---Death sentence awarded to accused was altered to imprisonment for life in circumstances. (d) Sentence--- ----Acting of accused under the influence of his elder is a mitigating circumstance for awarding lesser punishment. (e) Penal Code (XLV of 1860)--- ----S.302/34---Special Courts for Speedy Trials Ordinance (XXV of 1991), S.13---Appeal against acquittal---Presence of acquitted co-accused at the spot at the relevant time was doubtful---Except for presence of accused no overt act was ascribed to them to indicate their sharing of the common object---Appeal against acquittal was dismissed accordingly. JUDGMENT JUSTICE RASHID AZIZ KHAN (MEMBER).---Khuda Yar son of Punno, Ashiq son of Ghulam Ali, Ansar son of Falak Sher, Ilyas son of Sadar Din, and Yaseen son of Siddique, all Yoya by caste, were sent up by Police Station Arifwala, District Sahiwal, for trial for the murders of Ali Sher, Zulfiqar, Faiz Ahmad, Muhammad Siddiq and Punnu, for offences under section 302/148/149, P.P.C. Mr. Justice (Retd.) Muhammad Sharif Chaudhry, Judge, Special Court for Speedy Trials, Multan, vide his judgment dated 30-9-1991 gave the benefit of.doubt and acquitted Ashiq and Ilyas of all the charges. The remaining accused, namely, Khuda Yar, Ansar and Yaseen were, however, found guilty under section 302/34, P.P.C., and…

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