Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder trial-Benefit of doubt--Ocular account belied by medical evidence and eye witnesses giving exaggerated account and found guilty of falsely roping in innocent persons-Evidence in order to carry conviction on a capital charge, held, must come from an unimpeachable source-Accused, in circumstances, given benefit of doubt and acquitted. Dates of hearing : 12th and 15th September 1969. JUDGMENT SHAUKAT ALI, J.-Muhammad Arif (22), Jafar Ali (20), Noor Khan (62), Hakim Ali (35) and Muhammad Shaft (50), were tried under sections 302/149 and 148, P. P. C. for having formed themselves into an unlawful assembly with the corlmon object of committing the murder of Hanif and in the prosecution of that common object to have actually on 3rd of November 1967, at digarwela (3/4 p.m.) committed the murder of said Hanif in the area of village Rukhanwala, within the jurisdiction of Police Station Lulliani, in the district of Lahore. The learned Additional Sessions Judge, Lahore Camp at Kasur, who tried them. acquitted Jafar Ali, Noor Khan, Hakim Ali and Muhammad Shafi of both the charges, but convicted Muhammad Arif under section 302, P. P. C. for the murder of Hanif and ordered him to suffer death. The condemned person has appealed and the case is also before us under section 374, Cr. P. C. for confirmation of sentence of death. This judgment will dispose of the appeal and the reference. The accused are related inter se. Muhammad Arif appellant is a brother of Jafar Ali. Muhammad Shall is their maternal uncle. Hakim Ali is married to the sister of Muhammad Arif and Jafar Ali. 2. The case of the prosecution was that the accused were annoyed with the deceased and suspected him that he was an informer against them to the police. The prosecution alleges that on 3rd of November 1967, at digarwela Muhammad Hanif deceased and his brother Muhammad Sharif pro ceeded to their house after having a look at their land. Muhammad Hanif was ahead of Muhammad Sharif. When they crossed the haveli of Bashir Christian, the accused appeared at -the scene Muhammad Arif had a rifle while the other accused were empty-handed. All of them raised lalkara that Hanif…