Law:

Section:

Penal Code (XLV of 1860)----S.302/34---Appraisal of evidence ---F.I.R. had been promptly lodged specifying role of the accused in the occurrence and mentioning the names of eye-witnesses---Presence of eye-witnesses at the place of incident had been established through trustworthy and unimpeachable evidence and their deposition could not be discarded simply on the ground of their names having not been mentioned in Column No.4 of the inquest report which only pertained to the names of the persons who had identified the dead body--­Witnesses had clearly deposed that the accused by giving 2/3 strokes of hatchet on the neck of the deceased had removed his head--­Version of the complainant was fully corroborated by the other prosecution witness---Recovery of the hatchet at the behest of accused stood fully established on record which was found to be stained with human blood---Occurrence having taken place on a Highway which was not surrounded by residential houses, no independent witness could be produced by the prosecution---Medical evidence was completely in line with the ocular version which was also supported by the recovery of incriminating weapon---Conviction and sentence of accused were maintained in circumstances. JUDGMENT TANVIR AHMED KHAN, J,---This appeal with leave of the Court is directed against the judgment dated 19-10-1998 of a learned Division Bench of the Lahore High Court, Mullah Bench, Multan, whereby Criminal Appeal No.39 of 1994 filed by the present appellant Muhammad Sharif and his co-accused Muhammad Hanif was dismissed to the extent of the appellant by confirming his death sentence, whereas the same in respect of Muhammad Hanif was accepted. The facts briefly stated are that FIX No. 138 of 1990 was got recorded on 9-7-1990 at 12-50 noon at Police Station Rojhan, District Rajanpur, under sections 302/148/149, P.P.C. at the instance of Bakhat Ali (P.W.7) for an occurrence stated to have taken place on the sum day at 12-00 noon respecting the murders of Murad and Manghar, both his real brother, and injuries to Sanaullah, Taxi Driver. It was his case that he alongwith his brother Muhammad Murad and Manghar, and uncle Umeed left for Kashmore on…

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