Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder-F. I. R. promptly lodged and accused named therein within a few minutes of occurrence-Accused absconding after committing crime-Crime guns recovered from accused and empties proved to have been fired from those guns-Prosecution witnesses having no reason to falsely implicate accused-One of prosecution witnesses bearing mark of gun shot on his person-Presence of witnesses at time of occurrence proved beyond doubt-Trial Judge recording his opinion based upon observa­tion of witnesses' demeanour that they were truthful and honest-­Appeal dismissed. Fazal-ud-Din, Senior Advocate Federal Court (Qamar Din, Advocate Federal Court with him) instructed by S. Virasat Hussain Naqvi, Attorney for Appellants. Dates of hearing : 23rd and 24th March 1954. JUDGMENT AKRAM, J.-There is sufficient evidence on the record to sustain the conviction and the sentences passed on the appellants. I agree that this appeal should be dismissed. SHAHABUDDIN, J.-This is an appeal by special leave preferred by three persons Hassan Muhammad, Bashir and Muhammad Akram against their conviction under section 302/34, P. P. C. and sentences of death awarded by a Sessions Judge of Lahore, which have been confirmed on appeal by the Lahore High Court. The murder was committed in prosecution of a blood feud, and the existence of such a feud in this case admits of no doubt whatsoever. It is defined to the extent that the parties have been given distinct names, that to which the accused persons belonged being the Malkana party and the opposite-party, of which the deceased was a member being known as the Jamala party. The first murder was committed twenty years ago when a Jamala, named Manna, was killed and one of the present appellants namely Hassan, was tried for the murder but was acquitted. Some thirteen years ago, Saeed Ahmad son of Muhammad Din, who is the victim in the present case, was killed. Six years later, two Malkanas Amir and his son Sarwar were killed, one after the other. About two-and-a-half years before the present murder, two Jamalas named Abdullah and Kala were killed, on different occasions, and in each case, Hassan, the present appellant was an…

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