Law:

Section:

Penal Code (XLV of 1860)-------S. 302(b)---Appreciation of evidence---Real brother of the deceased while appearing as Court-witness had not supported the complainant's version---Prosecution witnesses alleged to be present at the scene of occurrence had kept mum for nine months---Accused having been`cl6sely related to the main accused, who had been attributed injuries on the person of the deceased, possibility of his false implication in the case could not be ruled out ---Co-accused armed with a Sota had been acquitted by the Trial Court and case of accused who did not commit any overt act qua the deceased was on a better footing than his case---No evidence was available on record to connect the accused with the murder of the deceased---Accused was acquitted on benefit of doubt in circumstances. JUDGMENT This judgment will dispose of Criminal Appeal No. 1337 of 2002 filed by Atta Muhammad appellant who was convicted under section 302(b), P.P.C. and sentenced to imprisonment for life with further direction to pay Rs.50,000 as compensation, in default six months' S.I., by learned Additional Sessions Judge, Bhalwal vide judgment, dated 24-6-2002. Criminal Revision No.978 of 2002 filed by the complainant shall also be disposed of through this single judgment.' 2. Briefly stated the facts of the case are that on 4-9-1999 at 11 a.m., Altaf Hussain (deceased) was sleeping in the Dera. The cots of Manzoor and Rafique were also near to his cot. The complainant Mst. Siftan alongwith her daughter Kaneez was sleeping inside the Dera near the door. A lantern was lit at the door of the Haveli when suddenly Mst. Siftan and Kaneez heard the fire report. They both came out and witnessed that after firing upon Altaf Hussain (deceased) Jabbar armed with Sota and Ghulam Hussain armed with fire-arm were going towards Chak No.10/SB while Ashiq accused armed with fire-arms was running towards Kotmomin and Atta Muhammad was making noise near the dead body that someone has murdered Altaf Hussain. Manzoor and Rafique told the complainant and her daughter that they were awakening and their faces were towards Altaf Hussain when suddenly there came Ashiq Hussain and Ghulam Hussain armed…

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