Law: Penal Code (XLV of 1860)

Section: 302/324/148/149

Penal Code (XLV of 1860)--- ----Ss. 302/324/148/149---Appreciation of evidence ---Abscondence--¬Motive---Accused and acquitted co-accused had been assigned similar role of firing culminating in murder of deceased and no recognizable difference was in roles assigned to accused and acquitted co-accused--¬Benefit of whereby co-accused were acquitted, would also go to accused---Prolonged noticeable abscondence of accused per se would not prove case of prosecution against accused because abscondence at the most could be taken as corroborative of charge and not evidence of charge---In absence of any other corroborative evidence, evidence of abscondence, even if found convincing, would not be sufficient by itself to warrant conviction of accused on a charge of murder ---Abscondence in the present case though was for a very long time, but abscondence alone, could not be a substitute for real evidence---Motive attributed to accused persons had not been satisfactorily proved---Even otherwise motive alone was not sufficient to lay, foundation for conviction of an accused on capital charge of murder---Judgment of Trial Court was set aside and accused were acquitted of the charge. Talib Hussain and another v. The State PLD 1958 (W.P.) Kar. 383, Siraj Din v. Kala and another PLD 1964 SC 26 and Taj Muhammad v. Resham Khan and others 1986 SCMR 823 ref. Abdul Fayaz Khan for Appellants. Muhammad Jamil Qamar for the State. Date of hearing: 27th March, 2003. JUDGMENT IJAZ-UL-HASSAN, J.---The appellants namely Murid Khan and Ramdad Khan, brothers inter se; were tried jointly alongwith Akbar Ali (since acquitted) by learned Judge Special Court, Nowshera in respect of offences under sections 302./324/148/149., P.P.C. vide F.I.R. No.149 registered at Police Station Akbar Pura, District Nowshera on 27-7-1994 at the instance of complainant Itbar Khan son of Khaista Khan deceased. At the conclusion of trial the appellants and acquitted co-accused, having been found guilty were convicted and sentenced to suffer life imprisonment as `Tazir with fine of Rs.10,000 each as compensation under section 544-A, Cr.P.C. or in default thereof to undergo further S.I. for four months. The…