Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302---Appreciation of evidence---Accused had a' clear motive for the occurrence---Eye-witness or the recovery witnesses did not require any corroboration as they were neither inimical towards the accused nor were interested in his false involvement in the case---Ocular account of occurrence was made more trustworthy and unimpeachable by the Ballistic Expert's Report whereby the crime empty secured from the spot was found wedded with the gun recovered from the accuses' as well as by the medical evidence---Defence version advanced by the accused was meritless and highly improbable to cast any doubt on the prosecution case---Conviction and sentence of death awarded to accused by Trial Court on each count were upheld in circumstances. JUDGMENT RAJA MUHAMMAD KHURSHID, J.---The appellant was convicted under section 302, P.P.C. and sentenced to death by Qisas for the murder of Muhammad Sharif and Malik Muhammad on each count vide judgment dated 10-2-1993 passed by Mian Subah Sadiq, the then learned Additional Sessions Judge, Sahiwal. 2. The brief facts are that on 2-7-1991 Muhammad Hafeez complainant lodged a report at about 10-30 p.m.. for an occurrence, which took place on the, same day at 8-45 p.m. in the area of Chak No.155/EB, Police Station, Sadar, Arifwala, District Sahiwal in which two persons namely Muhammad Sharif and Malik Muhammad were murdered by Muhammad Anwar appellant by firing at them with his .12 bore gun P.6 from the top of his house while they were sitting alongwith other P.Ws. in a Punchayat convened for the purpose of appeasing the appellant, who got offended from a decision given earlier by the deceased persons in a meeting of the Punchayat held about 15 days prior to the murder. 3. The motive was that the appellant while abroad had remitted some money, a T.V. and a Refrigerator to his father in Pakistan. After his return from abroad, he demanded for the money and the aforesaid articles,, which led to a dispute between them for which a Punchayat was convened to settle the controversy on the subject. The Punchayat had decided the issue against the appellant. The verdict was pronounced by the deceased persons…

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