Law:

Section:

(a) Penal Code (XLV of 1860)------Ss.302, 307, 323, 452, 148 & 149---Appreciation of evidence---Presence of two eye-witnesses at the spot at time of occurrence was found doubtful and their evidence was excluded from consideration---Presence of lady eye-witness at relevant time was established who was a natural witness and had received fire­arm injuries---Statement of said eye-witness with regard to two accused who had fired at her and her son could not be disbelieved and participation of these two accused in occurrence was established beyond any doubt, one of whom had not filed appeal before Supreme Court---Convictions and sentences of accused who was found guilty under Ss.302, 307/34 & 452, P.P.C. were accordingly upheld--­Convictions of accused under 5.307, P.P.C. on other count and S.148, P.P.C. were, however, set aside having not been proved. (b) Penal Code (XLV of 1860)--- ---Ss.302, 307, 323, 452, 148 & 149---Appreciation of. evidence---Motive for the occurrence suggested by prosecution had not been, established and defence case that present occurrence was result of local party faction could not be ruled out--­In any event motive indicated by prosecution did not appear to be strong enough for a large body of persons to arm themselves with guns and invade house of complainant---Testimony of eye-witnesses to the extent of remaining four accused therefore could not safely be relied upon who were acquitted giving benefit of doubt as their participation in occurrence appeared to be doubtful. JUDGMENT SAAD SAOOD JAN, J.--The appellants in this appeal by special leave, namely, Ghulam Muhammad, Nazar Abbas and Iftckhar Hussain (real brothers) and Rajab Ali and Zafar alongwith Muhammad Nawaz were convicted by the Special Court for Speedy Trials, Multan, of offences under sections 302, 307 (two counts), 323 and 452, read with section 149 and section 148 of the Pakistan Penal Code. For the offences under section 302, Ghulam Muhammad and Muhammad Nawaz were sentenced to death while the others were directed to suffer imprisonment for life, in addition to payment of Fines. For the other offences they were sentenced to various terms of imprisonment and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492