Law: Penal Code (XLV of 1860)

Section: 302/34

(a) Penal Code (XLV of 1860) S. 302/34 Appreciation of evidence Material contradictions were found in statements of witnesses Ocular account and medical evidence led to believe that occurrence was not witnessed by complainant or the eye witnesses Incident being an unwitnessed occurrence and prosecution failed to prove its case beyond any doubt, accused were acquitted in circumstances. (b) Penal Code (XLV of 1860) S. 302/34 Appreciation of evidence Recovery Recovery of weapons of offence had rightly not been relied upon by Trial Court as the same was immaterial in absence of recovery of any empty from the spot Accused were acquitted in circumstances. S.M. Latif Khan Khosa for Appellants. Malik Muhammad Jehangir for A. G. for the State. Date of hearing: 13th November, 2001. JUDGMENT BASHIR A MUJAHID, J. Sarfraz alias Safu and Ghulam Rasool sons of Muhammad Hussain, Muhammad Shafiq son of Fateh Muhammad alongwith Muhammad Akhtar alias Pervez son of Muhammad Shafi acquitted co accused, were tried by the learned Additional Sessions Judge, Nankana Sahib, District Sheikhupura under section 302/34, P.P.C. for commission of murder of Muhammad Hanif in case F.I.R. No.7 (Exh.P.A./1) dated 5 1 1994 got registered by Abdul Rashid P.W.5 with Police Station Mangtanwala and were convicted vide the impugned judgment, dated 30 7 1996 and Sarfraz alias Safu was sentenced to death, Ghulam Rasool and Muhammad Shafiq were sentenced to imprisonment for life under section 302(b)/34, P.P.C. All the accused were ordered to pay fine of Rs.10,000 each in default of fine to undergo one years R.I. each. Half of fine if realized shall be paid to the legal heirs of the deceased. Benefit of section 382 B, Cr.P.C. was extended to Ghulam Rasool and Muhammad Shafiq accused. The occurrence which resulted into murder of Muhammad Hanif took place at 10 00 a.m. on 5 1 1994 on the road side near minor Mangu Taru in village Maliukay at a distance of 11 miles from Police Station Mangtanwala and F.I.R. Exh.P.A./ 1 was registered at 12 22 p.m. at the Police Station Mangtanwala. District Sheikhupura, on the statement Exh.P.A. of Abdul Rashid recorded by Arif Ali, S. I. Incharge Police Post Morr Khunda at…

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