Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302, 397 & 392---Appreciation of evidence---Ocular evidence coupled with the recovery of two co-accused in injured condition from within the premises of the complainant's family had fully made out the case against accused---Discrepancies pointed out in the evidence were not such as to diminish the value and consistency of the same---Conviction and sentence of accused under S.302, P.P.C. & 397, P.P.C. were maintained in circumstances--­Conviction of accused under S.392, P.P.C. in the presence of his conviction under S.397, P.P.C. being illegal was set aside accordingly. (b) Penal Code (XLV of 1860)--- ----Ss. 392 & 397---Conviction under S.392, P.P.C. & 397, P.P.C. cannot be separately and concurrently recorded, as S.397, P.P.C. being the graver offence would take over and 5.392, P.P.C. by itself will not be attracted to the case. JUDGMENT JUSTICE SHAFIUR RAHMAN (CHAIRMAN).---Muhammad Arif, a sole convict under sections 392, 397 and 302, P.P.C., has appealed against the judgment of Special Court for Speedy Trials, Rawalpindi Division/Islamabad Capital Territory/Lahore, dated 21-6-1992. 2. The prosecution case against the appellant and his 'associates/co-accused was that Rehmat Ali (P.W.7) had a sister Mst. Rashida (not produced) married to Ghulam Habib (P.W.8) and they had two sons Zafar Iqbal (P.W.9) and Nasar Iqbal (deceased in the occurrence). The daughter of Rehmatullah (P.W.7) was already engaged to Nasar Iqbal (deceased). In order to get a date of their marriage fired, he had gone to the house of his sister and stayed there for the night between 10th and 11th of December, 1 991. At about 2-15 a.m. m the night i.e., on 11-12-1991, he heard cries and noise in the courtyard of the house and rushed there. He found there the appellant alongwith three other persons beating his sister Mst. Rashida with fists and blows and insisting that she should produce all the valuables that she had. All the four persons so engaged he identified; Arif Butt who had a .12 bore gun, Yasin absconder who was armed with a pistol, Shabbir who had a Chhurri and Shafi who had a pistol. Ghulam Habib (P.W.8) also came out and asked the…

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