Law:

Section:

Penal Code (XLV of 1860)---- S. 302-View taken by lower Courts-Not possibly untenable ­Conclusions arrived at by High Court-Neither perverse nor unreasonable-Petition dismissed. ORDER HAMOODUR RAHMAN, C. J.-The respondents in this case were sent up for trial before the Sessions Judge, Hazara in respect of a charge under section 302/34, P. P. C. for the murder of one Irfan son of Zaman with fire-arms. The incident was alleged to have occurred at 4-30 p.m., on the 19th of Match 1968 when the deceased was returning to his village from Khanpur, where he owned a provision store. It is alleged that when the deceased reached a place called Narian he was attacked by the respondents who were lying in ambush in the fields. They shot him to death in the fields of one Mohammad Ayub. The motive alleged for the crime was that some time before the occurrence the father of the respondent Mohammad Ramzan had taken a second wife with the active assistance of the deceased and it was for this reason that the said accused was, at the behest of his mother, who was still alive, taking revenge in consort with his paternal first cousin. In support of its case, the prosecution relied upon three eye-witnesses although four were named in the first information report. But the trial Court disbelieved the witnesses on the ground that they appeared to be mere chance witnesses and their evidence was discrepant in material respects. The trial Court was also of the view that the first information report was prepared after consultation. Consequently, the uncorroborated evidence of the so-called eye-witnesses who were closely related to the deceased was not sufficient for basing a conviction. The respondents were, therefore, acquitted. The State went…

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