Law:

Section:

(a) Penal Code (XLV of 1860)--­ ----S. 216/34---Appreciation of evidence---Ocular evidence being unimpeachable and confidence inspiring could be given full effect to without looking for any other corroboratory evidence---Ocular evidence was corroborated by the injuries sustained by police officials, place of occurrence being outside the house of accused, recovery of dead body of the deceased from the Dera of accused immediately after the occurrence and the recovery of official pistol alongwith other articles at the instance of accused---Conviction of accused was maintained in circumstances with reduction in their sentence. (b) Penal Code (XLV of 1860)--­ ----Ss. 392/397 & 384---Appreciation of evidence---Accused did not cause death of deceased and injuries to prosecution witnesses with the object to remove the articles in question from the custody of police officials constituting an offence of robbery---Terror created by the accused at the spot and thereby removing the articles from the possession of police officials against their will had brought the ease within the ambit of 5.384, P.P.C: --Conviction of accused under S.392/397, P.P.C. was consequently altered to one under 5.384, P.P.C. and their sentence was reduced accordingly. (c) Penal Code (XLV of 1860)--­ ----S. 392---Robbery---Definition of robbery contemplates that an accused should from very beginning have the intention to deprive another person of the property and to achieve that end, either hurt is caused or a person is placed under wrongful restraint, or it must be actually found that victim was put in fear of instant death, hurt or wrongful confinement---In absence of the positive evidence and the findings of the nature to establish the robbery as defined under 5.390, P.P.C. the mere removal of articles by the accused armed with deadly weapons from the victim would not make out a case of robbery. JUDGMENT MUHAMMAD NAWAZ ABBASI, J: --Kabeer.Ahmad, Bilal Ahmad Nazir Ahmad, Jalal Ahmad sons of Ahmad Bakhsh and Hassan son of Abdul Rehman alongwith 12 others residents of Village Khakhi Panjin, Shujabad faced trial for the charge under section 302/324/216/395/397/148/149, P.P.C. before Punjab…

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