Law: Penal Code (XLV of 1860)

Section: 302

  (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 4th April 1969, in Criminal Appeal No. 737 of 1968/Murder Reference No. 209 of 1968). Penal Code (XLV of 1860), S. 302-Eye-witnesses stating accused to have fired at back of deceased whereas medical evidence disclosing injuries on chest and abdomen; F. I. R., lodged not by an eye-witness but by person receiving information from another; plea of alibi raised not disproved-Held: Circumstances justified High Court in acquitting accused. Dates of hearing: 25th and 26th February 1970. ORDER WAHIDUDDIN AHMAD, J.-Respondent 'Abdul Khaliq was convicted under section 302, P. P. C. by the learned Sessions Judge, Jhelum by his judgment dated the 20th September 1968, and was sentenced to death for the murder of Akhtar Hussain deceased. His conviction was set aside by a Division Bench of the West Pakistan High Court, Lahore, in Criminal Appeal No. 737 of 1968 (Murder Reference No. 209 of 1968), by judgment dated the 4th April 1969. The petitioner seeks leave to appeal against the said order of the High Court. The prosecution story is that Mst. Akhtar Begum P. W. 23, the sister of Abdul Khaliq, was originally married to one Muhammad Khan. She developed illicit intimacy with Akhtar Hussain deceased, a Mughal of village Mota Gharbi of Police Station Dina, District Jhelum. As a result of this Muhammad Khan divorced her and she married to Akhtar Hussain. Respondent did not like this 'marriage. He, 'therefore, came down from Karachi where he was employed as a Shunting Porter in the Humpyard, Railway Station, Karachi Cantt. and on the 27th of August 1967, at 6-00 a.m., fired three shots with a pistol at Akhtar Hussain deceased as he came out of the bath room attached to the village mosque, resulting in his instant aneous death. The occurrence was witnessed by Muhammad Sadiq P. W. 17, Khadim Hussain P. W. 18, Salamat Beg P. W. 19 and Sanawar P. W. 21. The mother of the deceased, Mst. Inayat Begum P. W. 22 also saw the petitioner running away from the scene of occurrence. The First Information Report, Exh. P. A. was recorded at the Police Station at 7-15 a.m. at a distance…