Law:

Section:

(a) Penal Code (XLV of 1860)---- S. 302-Prosecution witnesses-Mere fact that witnesses inimically disposed towards accused-Does not justify rejection of testimony although corroboration maybe required before accepting same. (b) Penal Code (XLV of 1860)--- --- S. 302-Contents of stomach of deceased-Timerequired for digestion of food may vary in certain circumstances. Criminal Appeal No. 57 of 1958 R. A. Jeremy, Advocate Supreme Court instructed by Amjad Hussain, Attorney for Appellant. Jamil Hussain Razvi, Advocate-General West Pakistan (S. K. Ahmad, Advocate Supreme Court with him) instructed by Ijaz Ali, Attorney for the State. Petition for Special Leave to Appeal No. 139 of 1958 R. A. Jeremy, Advocate Supreme Court instructed by Amjad Hussain, Attorney for Petitioner. Nemo for the State. Date of hearing : 21st January 1959. JUDGMENT AMIRUDDIN AHMAD, J.-This is an appeal against the judgment and order of the High Court of West Pakistan, Peshawar Bench, setting aside the acquittal of the appellant and convicting him under section 302/34 of the Pakistan Penal Code and sentencing him to transportation for life. He was tried along with his brother Abdul Hadi, for the murder of his own nephew, Shuauddin by the Sessions Judge, Attock at Campbellpur on charge under section 302/34 of the Pakistan Penal Code and was acquitted, while his brother was convicted and sentenced to death. On appeal against the acquittal by the Provincial Government, the High Court passed the order under appeal. Abdul Hadi has also filed a petition for special leave to appeal from his conviction, and the appeal and the petition are dealt with together. The evidence against both the appellant and the petitioner was the same with this difference that tile spear recovered at the instance of the appellant Ibrahim was n at found to be stained with blood. The facts of the case, as proved by the prosecution evidence, are that the father of the deceased Shuaudin died about 16 years before the occurrence leaving him an orphan of 8 years of age. His widowed mother Zubeda, the sister of the appellant and the petitioner, invited Abdul Hadi to come and live with her and her son to look after him and manage…

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