Law: Pakistan Penal Code, 1860

Section: 302

Penal Code (XLV of 1860)------- S. 302-Injuries on accused ­Accused themselves persistently asserting that injuries on their persons were received otherwise than in encounter with the deceased-Pro­secution case, in such circumstance, in no way prejudiced by failure to provide explanation for injuries on persons of accused. Mahmud Ali, Advocate Federal Court instructed by Muhammad Siddiq, Attorney (Criminal Appeal No. 29) and Muhammad Shafi, Advocate Federal Court instructed by Amjad Hussain, Attorney (Criminal Appeal No. 30) for Appellants. A. R. Changez, Advocate-General Punjab (C. M. Sharif, Advocate Federal Court with him) instructed by Ijaz Ali, Attorney for the Crown. Date of hearing : 12th October 1954. JUDGMENT CORNELIUS, J.-Criminal Appeals No. 29 of 1954 by Noor Muhammad and No. 30 of 1954 by Muhammad Yaqub arise out of the same judgment of the Lahore High Court, and may be con­veniently dealt with together. The prosecution case was a simple one. Noor Muhammad along with two other co-accused named Siraj Din and Siddiq belonged to one party of wrestlers in Lyallpur The deceased Feroze Din and his companions Ghulam Muhammad belonged to another party with whom Noor Muhammad's party had had a quarrel some two days before the murder, which took place on the evening of the 17th May 1953. There is ample evidence to show that Noor Muhammad and the other accused persons came together into the chowk of Aminpur Bazaar, and seeing Feroze Din and Ghulam Muhammad, some members of Noor Muhammad's party made a noise in imitation of the bleating of a he-goat. This was intended as a challenge to the enemy and immediately Noor Muhammad and his companions attacked and chased Feroze Din and Ghulam Muhammad. The pro­secution evidence of the occurrence contained in the statements of Ghulam Muhammad and three others, namely, Ghulam Hussain, Din Muhammad and Sardar Muhammad and Muhammad Yaqub dealt with Feroze Din while Siddiq and Siraj attacked Ghulam Muhammad, Muhammad Yaqub seized Feroze Din and succeeded in pinioning his arms behind his back, and when he was thus rendered helpless, Noor Muhammad pro­duced a knife and inflicted more than one blow, the results being a deep…

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