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(a) Criminal Procedure Code (V of 1898), Ss. 375 & 428­Evidence-Additional evidence at appellate stage-Witnesses respon­sible Government officers, their reports already on record, and their evidence purely of formal nature-No question of inviting perjured evidence, held, in circumstances, arose-Additional evidence of such witnesses, held, correctly allowed at appellate stage. Ali and another v. Crown P L D 1952 F C 71 distinguished. (b) Criminal Procedure Code (V of 1898), S. 342-Examination of accused-Questions relating to recovery of incriminating articles put to accused in trial Court and accused denying all connection therewith-Further question as to why he was charged with offence also replied to as being due to enmity-Additional evidence taken at appellate stage relating to only recovery of one of such incriminat­ing articles - Non-examin2tion of accused after taking down additional evidence in circumstances, held, caused no prejudice to accused-Appeal dismissed-Penal Code (XLV of 1860), S. 302/34. Karam Elahi Chauhan, Advocate Supreme Court instructed by Amjad Hussain, Attorney for Appellants. S. A. Mahmud, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Date of hearing : 28th October 1957. JUDGMENT AMIRUDDIN AHMAD, J. -The appellants along with another man, named Nazra, were tried and convicted by the Additional Sessions Judge, Gujrat, on a charge under section 302/34 of the Pakistan Penal Code, for the murder of one Muhammad Khan on the morning of the 8th March at village Kotha Bhola. The appellants were sentenced to death and Nazra was sentenced to transportation for life. The case came up before the High Court of West Pakistan at Lahore on appeal by the convicted persons, and for confirmation of the death sentences. Their appeal was dismissed and the death sentences were confirmed. The prosecution case was that the deceased Muhammad Khan with one Shahu was cutting fodder in the former's field, when the three persons came riding on two horses, the appellant Salehon armed with rifle on one, and the other two on the other horse armed with spears. They dismounted near the field and Salehon challenged Muhammad Khan saying, "get…

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