Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302-Murder-Benefit of doubt-Presence, at place of incident, of eye-witnesses, closely related to deceased doubtful; offence committed in broad daylight in open field, and yet, no independent witness from locality coming forth to support prosecution story; prosecution witnesses making material improvements .upon their statements at trial, their exaggerated version not tallying with first information report and entire story of recovery of crime weapons mere fabrication-Held: prosecution failed to prove its case beyond reasonable doubt in circumstances /Accused given benefit of doubt and acquitted. JUDGMENT MUHAMMAD FAZLE GHANI KHAN, J.-The appellants, Muhammad Sadiq (24), his younger brother, Dost Muhammad (21), were tried by Ch. Muhammad Rafique Tarar, Additional Sessions Judge, Sargodha, for offences under section 302/34, P. P. C. for causing the death of Muhammad Khan son of Painch, resident of Chak No. 36/MB, Tehsil Khushab, District Sargodha. Both the appellants have been convicted for the offences for which they were tried and have been sentenced to transportation for life each by the order of the trial Court, dated the 5th of January 1967. It is their appeal against their- conviction and sentences. 2. The prosecution story, in brief, is that the deceased Muhammad Khan had obtained some land on lease from Sikandar Khan Baluch (P. W. 6) and while he was busy in ploughing that land at about noon time on 2nd of November 1965, along with his paternal cousin, Hidayat (P. W. 12) and his brother, Shamir (P. W. 13), the appellants came over this field armed with a hatchet and Sangola and started cutting Gowara crop, from near the place where the deceased and the P. W. were ploughing their land. The deceased left ploughing and went to the field where the appellants were cutting Gowara crop and asked them not to do so, on which a scuffle ensued between them, whereupon Muhammad Sadiq appellant inflicted a hatchet blow on the head of the deceased, who fell down to the ground, as a result of the head injury and at that time Dost Muhammad appellant caused an injury upon the arm of the deceased with his Sangola. Further injuries are alleged to…