Law:

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(a) Criminal trial-Court should desist from hunting out evidence of its own accord-Dying declaration not relied upon by prosecution but trial Court discovering it during hearing of case ­Held unsafe to rely upon such piece of evidence-Evidence Act (I of 1872), S. 3l. (b) Penal Code (XLV of 1860), S. 302-Benefit of doubt Person charged as co-accused found to have no enmity with deceased nor any interest in disputed land-One of prosecution witnesses shown to be on inimical terms with him and possibility of his false implication not ruled out.-Benefit of doubt, in circumstances, given to co-accused. (c) Penal Code (XLV of 1860), S. 302/34-Sentence-Accused dealing only a dang blow on head of deceased, causing merely simple injuries Possibility that he might have acted under influence of his elder brother another co-accused-Death sentence altered to one of transportation for life. Mahmood Ali Qasuri, Senior Advocate Supreme Court (Rafiq Ahmad, Advocate with him) instructed by Siddiq & Co., Attorneys for Appellants (in both the Appeals). Abdul Hamid Malik, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State (in both the Appeals). Dates of hearing : 17th, 18th and 19th November 1969. JUDGMENT WAHIDUDDIN AHMAD, J.--Appellants Muhammad Nawaz, Chiragh and Bagh were convicted under sections 302/34 and 325/34, P. P. C. for the murder of Hussain deceased and for causing grievous hurt to his son Nazir, by the Additional Sessions Judge, Sahiwal, by judgment dated the 13th December 1966. They have been sentenced to death and have been further sentenced to two years' rigorous imprisonment each and a fine of Rs. 100 or in default one month's rigorous impri­sonment. Their appeals were dismissed and death sentences were confirmed by a Division Bench of the West Pakistan High Court, Lahore, by judgment dated the 23rd December 1967. The prosecution case is that Hussain deceased, his three brothers, Nur Jamal, Hassan and Mahla and his sister, Mst. Sardaran were allotted 17ff' acres of land in village Amli Moti. The land was under the possession of Chiragh, Bagh and Khurshid sons of Mahla. Hussain deceased and Nazir P. W. used to reside in Chak No. 251/EB. About…

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