Law:

Section:

Penal Code (XLV of 1860), S: 302-Murder case-Benefit of doubt Prosecution story that each one of two accused fired one shot each and both hit, deceased contradicted by medical examination revealing only one hit, of two wounds one being of entrance and other of exit-Broken pieces of only one bullet recovered from spot-Seat of injury indicating fire by a person in squatting position taking shelter hay-stacks and concealing his identity-Ocular evidence interested and inimical-Dying declaration of deceased, in circumstances, held, could not be relied upon-Accused given benefit of doubt and acquitted. JUDGMENT ANWARUL HAQ, J.-The two appellants, Darey Khan and his brother Abdul Jalil, were convicted under section 302/34, P. P. C. by the learned Sessions Judge, Peshawar, for the murder of one Ranra Khan and sentenced to death. In appeal their convictions were maintained by a Division Bench of the Peshawar High Court by its order dated the 18th of November 1970, but the sentence of Abdul Jalil was converted into one of transporta­tion for life on the ground that being the younger brother he appeared to have acted under the influence of Darey Khan. The case for the prosecution was that there was enmity between the parties owing to the murder of Jamil, a brother of the appellants, 8 or 10 years ago by Nek Amel, father of Faqir Mohammad (P. W. 1) and two others. Nek Amal absconded while the others were acquitted. Nek Amal was a first cousin of Ranra Khan deceased. It was also alleged that there were other disputes between the two families over land and women. On the 24th of June 1968, the deceased Ranra Khan was busy at his threshing floor in village Adezai when at digarwela the two appellants fired a shot each with their rifles at the deceased, mortally wounding him. The deceased was immediately taken on a cot to Mattani Police Station, at a distance of three miles, where he himself reported the incident at 7-30 p.m. The deceased was examined by Dr. Nazir Ahmad Khan at 9-20 p.m. when he was still alive. He died in the hospital the same night at 10-30 p.m. The post-mortem examination showed that the deceased had sustained only two injuries on his person :--- (i) A…

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