Law:

Section:

Penal Code (XLV of 1860)-------Ss. 302/34 & 364-A/34---Appraisal of evidence---Motive for the occurrence stood corroborated by the' statements of prosecution witnesses including the complainant and the extra-judicial confessions made by the accused---Prosecution witnesses were not only disinterested, but were independent and had no animosity against the accused---Accused had no particular defence to put forth in their favour and they had taken different stands at the trial---Evidence of incriminating recoveries, positive Expert's reports and medical evidence had also supported the prosecution version---Accused had killed a minor innocent boy in a brutal, callous and cruel manner and they did not deserve any leniency even in the sentences---Convictions and sentences of accsued were upheld in circumstances. Syed Zia Hussain Kazmi, Advocate Supreme Court for Appellants. Dil Muhammad Tarar, Advocate Supreme Court for the State. Date of hearing: 7th February, 2001. JUDGMENT ABDUL HAMEED DOGAR, J.---This appeal with the leaves of the Court calls in question the judgment dated 11-4-1993 of the learned Lahore High Court, Lahore passed in Criminal Appeal No. 302 of 1988 and Criminal Appeal No.25-Jail of 1989 whereby the same was dismissed. 2. The facts, in brief leading to the filing of this appeal are that appellants Sher Muhammad alias Sheroo, Yar Muhammad alias Yaroo and Sarwar Javaid stood convicted and sentenced by the trial Court as under: Sher Muhammad and Yar Muhammad: (i) Under sections 302/34, P.P.C. (Death) each and fine' of Rs.10,000 or in default thereof two years' R.I. and also compensation of Rs.1,00,000 each to father of Majid Bashir (deceased). (ii) Under sections 364-A/34, P.P.C. (Death) each. Sarwar Javaid, (i) Under sections 302/34, P.P.C. (life imprisonment) and fine of Rs.1,000 or in de It thereof six months' R.I. (ii) Under sections 3 -, P.P.C. 14 Years' R.I. His both sentences shall run concurrently. 3. Sher Muhammad alias Sheroo and Yar Muhammad alias Yaroo preferred joint appeal whereas Sarwar Javaid sent appeal from the Jail which failed and their convictions and sentences were maintained by the learned Lahore High Court, Lahore. 4. The…

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