Law:

Section:

Penal Code (XLV of 1860), S. 302-Murder trial-Benefit of doubt-Conviction based on oral testimony of eye-witnesses-Medical evidence inconsistent with account of occurrence as given by eye­witnesses-Empties seized but no weapons recovered-Accused, in circumstances, given benefit of doubt and acquitted. Hayat Mohammad Khan Junejo, Senior Advocate Supreme Court instructed by Haider Bakhsh, Advocate-on-Record for Appellants. S. M. Nurul Hassan, Advocate Supreme Court instructed by M. I. Memon, Advocate-on-Record for the State. Ex. pate of hearing : 8th February 1972. JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave is from an order of the High Court of Sind & Baluchistan, Karachi maintaining the conviction of the appellants under section 302 read with section 34 of the Pakistan Penal Code and the sentences of death passed on them thereunder. The High Court also main­tained the conviction of two of the appellants, namely, Saindad and Piran Jurio under section 13-D of the Arms Act. Leave has been granted to consider the question whether the evidence of the two eye-witnesses, Miral and Udhal, who are interested persons, should have been accepted without any satisfactory corroboration of their evidence and particularly in the presence of the medical evidence which is inconsistent with the account of the occurrence as given by the eye-witnesses. According to the prosecution the occurrence took place on the 26th January 1968, at Kachri Manjan, i.e. early noon, on an uncultivated land, about a furlong from the residence of the deceased, while Dadan deceased, accompanied by P. W. 3, Mira] and P. W. 4, Udhal, was proceeding to attend a fair called Misri Shah. The deceased was on horse's back and he was being followed by the said two witnesses. Appellants Saindad and Piran Jurio were armed with guns while the appellant Ghulam Rasul was armed with a hatchet.. They had laid in ambush and suddenly fired gun at the deceased with the result that he fell down after the horse had taken him to some distance. All the three appellants then ran to the deceased, and appellant Ghulam Rasul gave two hatchet blows to the deceased. A first information report was lodged at…

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