Law:

Section:

Penal Code (XLV of 1860)--- --S. 302Prosecution case resting entirely on circumstantial evidenceCircumstances proved on record at best only creating suspicionSuspicion no substitute for proof in criminal case involving capital charge Acquittal of accused by High Court, held, justified. JUDGMENT MUHAMMAD GUL, J. ---Muhammad Arif, the first -Respondent herein was convicted by a learned Additional Sessions Judge, Lahore under section 302 for the murder of Mst. Nawab Bibi and sentenced to death and a fine of Rs. 500 or in default of payment of fine to rigorous imprisonment for two years. He was also convicted under section 201, P. P. C. for causing the evidence relating to the above offence to disappear and sentenced to 7 years' R. I. and a fine of Rs. 200 or in default to further R. I. for six months. The sentences of rigorous imprisonments were however, to take effect if the death sentence was not confirmed by the High Court. On appeal and a reference, the High Court gave benefit of doubt to the -Respondent and acquitted him of both the charges. This petition by the deceased's husband, who is also the first informant, is directed against the acquittal judgment of the High Court dated 2221974. Mst. Mehraj Begum was discharged by the Committing Magistrate, because there was complete want of evidence to connect her with the crime. Mst. Nawab Begum and her husband were residents of Koth Pir Abdur Rehman in P. S. Moghalpura, where she owned a small house. According to the prosecution, she had sold this house to an unidentified person for Ra. 3,000 through the good offices of Mst. Mehraj Begum and had received Rs. 500 in part payment of the price leaving the balance payable at time of the registration of the sale deed. Through the good offices of Mat. Mehraj Begum, the deceased also entered into an agreement for the sale of a bigger house from one Subedar Muhammad Ashraf for Its. 4,500 and had paid Rs. 500 as earnest money for which she had also obtained the receipt. The transaction was to be completed some time later. During these days, the -Petitioner had gone to Sahiwal, where he had taken a fruitgarden on contract for the fruit bearing season and had taken up…

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