Law: Criminal Procedure Code (V of 1898)

Section: 154

Law: Evidence Act (I of 1872)

Section: 32

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898), ----S. 154-Delay in lodging F. 1. R. Police Station 16 miles away but place of occurrence situated near metalled road leading to Police Station Delay of 24 hours in lodging report - Calls for particular circumspection and cautiousness in such circumstance. (b) Evidence Act (I of 1872), ---S. 32-Dying declaration ---Prosecution should bring on record precise expression used by deceased-Penal Code (XLV of 1860), S. 302. (c) Penal Code (XLY of 1860), ---S.302-Abscondingof accused Innocent person named as accused in F. I. R. may in first, instance abscond to avoid arrest and police torture-Mere abscondence does not raise adverse presumption in such circumstance. (d) Penal Code (XLV of l860i). S. 302-Murder-Circumstantial evidence-Benefit of doubt-Accused absconding immediately after occurrence but -surrendering to police the very next day-No adverse presumption to be raised -Inordinate delay in lodging first inf6rma tion report, and conduct of prosecution witnesses in not showing any anxiety to remove injured man to hospital not explained-Circum stances, on the, hand, suggesting none of prosecution witnesses to have actually seen occurrence-Evidence of witnesses of -dying declaration also highly doubtful-Conviction in- circumstances, held, could not be based on mere circumstantial evidence of recovery of dead body from place in occupation of accused-Accused given benefit of doubt and acquitted. Dates of hearing: 15th and 16th September 1969.   JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Sultan alias Sullah (35), caste Mallah, resident of Chak No. 466/J. B., Police Station Bhawana, District Jhang, was tried and convicted by the Additional Sessions Judge, Lyallpur, at Jhang, under section 302, P. P. C., for having murdered in his Dhari one Shera on 8-10-67, at about 9 a.m., in village Nikka Daultana, Police Station Sadar Jhang, with an award of sentence of death. He has appealed against his conviction and sentence and his case has also been referred to us tinder section 374, Cr. P. C., for the confirmation of death sentence. This judgment will dispose of the appeal as well as the Murder Reference. 2. This single accused case in…