Law: Evidence Act (I of 1872)

Section: 6, 14, 302

(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 23rd September 1968, in Criminal Appeal No. 57 of 1967/Murder Reference No. 34 of 1967).   Evidence Act (I of 1872), Ss. 6 8c 14-[Criminal trial Circumstantial evidence-Value to be assessed on consideration that it does not admit of more than one conclusion-Guilt of person accused of criminal charge-Established only when facts proved incom patible with his innocence and incapable of any explanation upon any other reasonable hypothesis than that of guilt-Circumstantial evidence not leading to inevitable conclusion that accused alone and no body else was responsible for murder-Reasonable doubt, held, arises as to accused guilt-Accused given benefit of doubt and acquitted-Penal Code (XLV of 1860), S. 302. Dates of hearing : 2nd and 3rd March. 1970. JUDGMENT M. R. KHAN, J.-The appellant was tried under section 302 of the Pakistan Penal Code for having committed the murder of his sister Mst. Bahishtan. He was convicted for the offence of murder and sentenced to death. On appeal and reference, the High Court of West Pakistan, Lahore, dismissed the appeal and confirmed the sentence of death. There was no direct evidence as to how Alst. Bahishtan had been done to death and by whom. The conviction and sentence of the appellant rested entirely on circumstantial evidence. As the criticism offered on the pieces of circumstantial evidence did not appear to be unsubstantial, leave was granted to re-examine the evidence. Before stating the facts as to how the murder in this case was discovered, it would be useful to give a short narrative about Mst. Bahishtan. Kamal Shah, a resident of village Malka Hans had abducted Mst. Sardaran, wife of Walayat Shah, more than 20 years ago. Walayat Shah died and Mst. Sardaran continued to live with Kamal Shah as his wife. The appellant Lai Shah and the deceased Mst. Bahishtan were born of the womb of Mst. Sardaran. This Sardaran was the maternal aunt of Talib Hussain (P. W. 17). Mst. Bahishtan had been married to Manzoor, the brother's son of Kamal Shah. After her marriage, Mst. Bahishtan was abducted by Talib Hussain in retaliation of the…