Law:

Section:

Penal Code (XLV of 1860)--S. 302/34---Appraisal of evidence---Accused could not safely be convicted on the same discrepant prosecution evidence on which benefit of doubt had been extended to the acquitted co-accused, in the absence of strong corroboration or confirmatory circumstance conclusively proving his participation in the crime---Accused was acquitted on benefit of doubt in circumstances. JUDGMENT RUSTAM S. SIDHWA, J.---This judgment will dispose of criminal appeal CrA.165 of 1990 filed by Bashir Ahmad appellant/complainant seeking leave to appeal against the judgment of a learned Division Bench of the Lahore High Court dated 19-7-1988 accepting the appeal of Ali Muhammad and Nabi Ahmad respondents and acquitting them of all charges, and criminal appeal CrA.166 of 1990 filed by Ejaz Ahmad appellant against the same judgment dismissing his appeal and confirming his death sentence. 2. The prosecution case in brief, as disclosed by Bashir Ahmad complainant P.W.4, a real brother of Muhammad Hanif deceased, is that on 17-9-1982 at about 11 a.m. he alongwith Muhammad Abdullah P.W.7, Faqir Muhammad and Muhammad Aslam, was sitting in front of the baithak of one Muhammad Inayat. They were smoking Huqa when they noticed Nabi Ahmad, Ali Muhammad and Ejaz Ahmad accused, all armed with guns, and Muhammad Hussain and Noor Muhammad accused, both armed with sotas, came to the shop of his brother Muhammad Hanif deceased, which was just opposite to the baithak where they were sitting, Nabi Ahmad accused fired at Muhammad Hanif, who was inside his shop, hitting him on the left knee. Ali Muhammad accused then fired a shot with his gun at Muhammad Hanif, which hit him on his lift arm, left shoulder and left side of chest. As a result of the said shots, Muhammad Hanif fell down inside his shop. Thereafter, Ejaz Ahmad accused entered the shop and brought the barrel of his gun near the chest of Muhammad Hanif and fired at his chest. Muhammad Hussain and Noor Muhammad accused thereafter gave repeated blows with their respective sotas to Muhammad Hanif. After the commission of the offence, the accused persons came towards him (the first informant), but he entered the baithak of…

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