Law:

Section:

(a) Penal Code (XLV of 1860), S. 302-Murder-Benefit of doubt-Evidence of prosecution witnesses found not accept­able in regard to an incident alleged to have arisen out of main occurrence-Testimony of such witnesses could not be safely relied upon unless corroborated by other independent reliable evidence-­Benefit of doubt given to accused. (b) Penal Code (XLV of 1860), S. 302-Murder l Benefit of doubt-Two possibilities open upon evidence-Possibility favourable to accused must be accepted-Possibility that injury caused to deceased might hare been due to one shot fired by A and not by two shots alleged to have been fired by A and B-Only one empty cartridge matching with gun of A recovered-Held, it could not, in circumstance, be said with certainty that injury was caused by two shots and not one-Benefit of doubt given to B. (c) Criminal Procedure Code (V of 1898), S. 239-More than one accused charged for same offence committed in course of same transaction-Fact that one accused had set up a mutually exclusive story anal that he had been acquitted-Does not vitiate or render the trial void-Provisions of S. 239 attracted-Penal Code (XLV of 1860), S. 302. Ch. Khalid- ur-Rahman, Advocate-on-Record for Appellants. K. M. Bokhari, Assistant Advocate-General Punjab instructed by Ijaz All, Advocate-on-Record for the State. Date of hearing : 16th March 1971. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a judgment of a Division Bench of the High Court of West Pakistan, Peshawar Seat, upholding in appeal and reference the convictions of the appellants under section 302/34 of the Pakistan Penal Code but altering the sentences from death to transportation for life. The appellants, who are both real brothers, were cha with the murder of their co-villager, Mir Akbar, at 9-00 a.m. of the 18th of May 1965, in village Tatrila, within Donga Gali, district Hazara. It appears that the appellants had brought under plough some Government barren land over which passed the village path from Tatrila to Kala Bagh and had, in spite of the objections of -the deceased, also put up a hedge around the land thus preventing him and other villagers from using the…

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