Law:

Section:

(a) Penal Code (XLV of 1860)--Ss. 302/34 & 201/34---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted to examine the whole evidence at length in order to determine whether the lower Courts had properly appreciated the evidence on the record and had applied proper legal principles relating to its appreciation before recording the findings. (b) Penal Code (XLV of 1860)--- ----Ss. 302/34 & 201/34---Constitution of Pakistan (1973), Art. 185(3)--­Appraisal of evidence---Case of accused was not found distinguishable from that of three acquitted co-accused qua whom the ocular evidence had been disbelieved---Evidence on record, surrounding circumstances and the inferences which could fairly be drawn therefrom, showed that eye-witnesses did not appear to have been present on the night of occurrence and seen the same---Benefit of doubt, held, was also available to accused in circumstances and he was acquitted accordingly. JUDGMENT RUSTAM S. SIDHWA, J.---This is an appeal by Muhammad Yousuf appellant against the judgment of a learned Division Bench of the Lahore High Court dated 21-5-1990, dismissing his appeal, but accepting that of Mamshad, Falak Sher and Muhammad Iqbal, his co-convicts. 2. Muhammad Yousuf, Falak Sher, Mamshad and Muhammad Iqbal were tried by an Additional Sessions Judge of Jhang under sections 302/34, P.P.C. and 201/34, P.P.C. for the double murder of Iqbal Hussain and Sher Muhammad deceased and for making. the evidence of the said murders to disappear in order to screen themselves. The learned trial Judge, by his judgment dated 29-6-1987, convicted and sentenced all the four accused under section 302/34, P.P.C. to death and to pay a fine of Rs.10,000 each or in default thereof to undergo one year's R.I. each and under section 201/34, P.P.C. to seven years' R.I. each with a fine of Rs.3,000 each or in default thereof to undergo further R.I. for six months R.I. each. Out of the fine, if recovered, half of the same was ordered to be paid to the legal heirs of each of the deceased as compensation. 3. Being aggrieved by the above convictions and sentences, Muhammad Yousuf filed a separate appeal, whilst the remaining three…

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