Law:

Section:

Penal Code (XLV of 1860), S. 302-Special Leave to Appeal to Supreme Court against acquittal of accused-Wife of deceased, only eye-witness-Her evidence neither supported by medical evidence nor corroborated by may independent witness-Special Leave to Appeal, against acquittal, refused. ORDER SALAHUDDIN AHMED, J.-The petitioner is the widow of deceased Muhammad Din who was alleged to have been murdered by respondent Malik Bashir. Originally both the brothers, Malik Bashir and Malik Nazeer, were tried by the Sessions Judge for the murder and while the latter was acquitted the former was convicted and sentenced to death. On appeal before the High Court respondent Malik Bashir was also acquitted. The occurrence took place on the 21st December 1969 at about 1 o'clock in the early hours of the morning, and a First Information Report was lodged by the petitioner at 4 a.m. on the same day at the police station 5 miles off from the spot. She stated in her report, inter alia. that while she was sleeping in her house with her husband and children, the respondent called out her husband from outside and the latter went to the door followed by the petitioner and opened the door. All of a sudden the respon­dent fired at her husband hitting him on his chest. The deceased fell down and the respondent after having again shot and hit the former, escaped. On the alarm raised by the petitioner, P. Ws. Amiruddin and Nawab arrived at the spot, and heard about the occurrence from the petitioner. As regards the motive she stated that a few days back her husband had purchased some land from one Allah Dad instead of from the respondent for building a shop. The respondent got annoyed with the deceased over this preference and murdered her husband. A Sub-Inspector of Police arrived at the deceased's house, and held preliminary inquiry in course of which he seized some blood­stained earth and a 200 watts bulb, and prepared a site plan. The respondent surrendered before the police on the 7th January 1970. The medical evidence disclosed three main fire-arm entrance wounds of the following sizes:- (1) ½ in diameter over the left forearm; (2) 1" in diameter over the left side of chest near the…

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