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Appeal to Supreme Court ---------Criminal case under S. 302, P. P. C. Supreme Court though usually loath to re-examine evidence, nevertheless, undertook the task in order to resolve conflict arising from evidence given by one witness when read with remaining evidence-Penal Code (XLV of 1860), S. 302. JUDGMENT CORNELIUS, J.-The appellants are Sardar, Ahmad and Mutalli, sons of Salehon, and two distant relations and partisans of theirs, namely, Baqri and his nephew Muhammad Bakhsh, all residents of Miana Gondal in the Gujrat district, and they stand convicted under section 148, and sections 302 and 325 read with section 149, Pakistan Penal Code for the murder of one Muhammad alias Killi among other offences. The circumstances of the murder were somewhat unusual. It took place at a short distance outside the town of Malakwal which is some 24 miles distant from Miana Gondal. Muhammad Killi may rightly be described as a bad character. Several witnesses for the prosecution who were related to him have admitted that he had escaped conviction in more than one case of murder and that at the time when he was killed, there were at least two cases, vie. for murder and for theft pending against him. It was in connection with the theft case that he had to come to Malakwal on the day in question, to appear before a Magistrate, Mr. Lodhi who was holding Court at the rest-house in that town. The enmity between the parties is traced to the murder of Mirza, a brother of Sardar appellant some three years earlier, for which it is admitted that Muhammad Killi was responsible, but escaped punishment through being acquitted on appeal about a year before he was himself murdered. Some nine years before, he had escaped conviction in a trial for the murder of one Allah Bakhsh, father-in-law of Muhammad Bakhsh accused. There had been security proceedings, and being the man he was, Muhammad Killi never went abroad unaccompanied. On this occasion, he was accompanied by his nephew Yusuf (P. W. 4), his son-in-law Muhammad son of Gehna (P. W. S) and a Kameen Muhammad son of Khanu (P. W. 6). They performed the journey on three mares which it is said were left with Mughli (P. W. 7) at his house…

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