- (1.) This order shall dispose of Criminal Appeal No. 578-DB of 1999 filed by Assu, Sharif and Jamil and also the Criminal Revision No. 12 of 2000 preferred by Nawal Khan, father of the deceased.
(2.) Appellants Assu son of Gutari, Sharif son of Khuda Bux and Jamil son of Seshasmal are in appeal against their indictment by the learned Trial Court on a charge of their having committed the murder of Jamil @ Bhure; while Nawal Khan has applied for the enhancement of sentence.
(3.) The prosecution allegations at the trial were as under: PW7 Nawal Khan, who is the first informant as well, is father of deceased Jamil @ Bhure. Nawal Khan had been to village Sakras on 08.06.1994 to visit certain relatives of his who were living over there. He returned therefrom on the evening of 09.06.1994. At that point of time, his younger son Kasam was away to Village Ghata for a labour assignment. When Nawal Khan returned to the village, he came to know that the dead body of his elder son Jamil @ Bhure had been found lying in the field of Ibrahim son of Bhoop Singh near the drain of Ujina. He was further informed by his son Kasam the following day that it were the appellants who had taken Jamil @ Bhure along at about 8.30 p.m. on 08.06.1994. Gahar son of Kherati, Deena son of Bansi had last seen Jamil @ Bhure in the company of the appellants on 08.06.1994 at about 9.00 p.m. when they were proceeding towards Ujine drain. Gahar and Deena further saw the appellants returning to the village after about 2 2-1/2 hours thereof. At that time, they were not accompanied by Bhure. Further, they were proceeding at a brisk pace towards the village.;