Law:

Section:

Penal Code (XLV of 1860), Ss. 302 & 458 Murder and lurking house-trespass by night -.Number of accused alleged to have committed house-trespass by the night and a chowkidar found murder­-ed-Finger and palm impressions on articles in factory ,found to he those of one of accused-Evidence regarding finger and palm impressions accepted by Court and his conviction under S. 458 maintained-No evidence, however, as to who murdered deceased chowkidar-Conviction under S. 302 set aside. Sultan Ahmad, Advocate Supreme Court instructed by Maqbool Ahmad, Advocate- on-Record for Appellant. A. Waheed Khawaja, Advocate Supreme Court instructed by Ijaz Ali, Advocate- on-Record for the State. Dates of hearing : 17th and 18th January 1972. JUDGMENT SALAHUDDIN AHMED, J.-This appeal by leave of this Court is from the order of the former High Court of West Pakistan, Lahore, maintaining the conviction of the appellant and Mohammad Ashraf under sections 302 and 458 of the Pakistan Penal Code and their sentences thereunder of transportation for life and 14 years' rigorous imprisonment, respectively. They were tried along with another person, namely, Mehraj Din under the aforesaid sections, and while Mehraj Din was acquitted, the other two were convicted. Another accused named Mohammad Adam turned approver and he was examined as P. W. 15 in the case. It may be stated at the outset that the evidence of the approver and of recovery of certain stolen articles have been disbelieved by both the Courts, and the conviction of the appellant rests entirely on circumstantial evidence. The prosecution case may briefly be stated thus: The occurrence took place in Climax Factory, Gujranwala, on the night between the 6th and 7th January 1963. Oil the morning of the 7th January when P. W. 13, Mukhtar Ahmad, Manager, Climax Factory, arrived at the Factory accompanied by a purchaser, he found the door of the factory still closed from inside. They called out the Chowkidar of the factory, and having failed to receive any response from the letter entered the factory through the foundry shop, the door of which was found broken. Inside the factory they found the Chowkidar, Mohammad Abdullah, lying dead.…

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