Law:

Section:

(a) Penal Code (XLV of 1860)-- ---- S.302/34 --- Appreciation of evidence --- Motive set up by the prosecution had not been proved-- -Eye-witnesses had made dishonest material improvements and their ' testimony did not inspire confidence --- Evidence of premeditation and common object of accused was not available ---Recoveries had no evidentiary value -- Medical evidence was not in consonance with ocular testimony --- Prosecution had suppressed the injuries of accused --- Intentional manipulations and additions had been made in the F.I.R. to bring in line the ocular version and medical evidence --- Accused had admitted the occurrence but in a different manner and his statement in the circumstances had to be accepted in totality and without scrutiny ---Accused were acquitted on benefit of doubt accordingly. (b) Penal Code (XLV of 1860)--- S. 302/34 --- Injured witness --- Not always correct. that the injured prosecution witness would speak truth.--[Witness]. (c) Criminal Procedure Code (V of 1898)-. ---- S.342 --- Penal, Code (XLV of 1860), S.302/34 --- Statement of accused under S.342, Cr.P-C- -Prosecution evidence having been totally rejected, statement of accused has to be accepted in totality and without scrutiny. JUDGMENT MIAN ABDUL KHALIQ, J.--Appeflants Rashid Ahmad, Bashir Ahmad and Muhammad Sadiq sons of Abdul Rchman alongwith the acquitted co-accused Rashid Ahmad, Ranjhoo sons of Kammun and Dodha alias Siraj son of Jamal were tried for the murders of Ibrahim and Khadim Hussain by the learned Additional Session Judge, Bahiiwalpur, who convicted and sentenced the appellants vide his judgment dated 17-9-1991 as follows:-- (1) Rashid ' Ahmad s/o Abdul Death on each count with fine of Rehman under section 302/34 Rs 20,000 on each count, P.P.C for the murders of in default whereof to suffer R.I. Khadim Hussain and Ibrahim for 4 years on.each count. (2) Bashir Ahmad and , Life , imprisonment each on each count with a fine of Rs. 15,000 each on each count, 'in default whereof to undergo 3 years' R.I. each on each count. Their sentences were. ordered to run. concurrently. (3) Muhammad Sadiq under section 302/34 P.P.C for causing death of Khadim Hussain and…

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