Law: Penal Code (XLV of 1860)

Section: 302, 34

(a) Penal Code (XLV of 1860), S. 302/34-Murder-Benefit of doubt-Prosecution version bristling with doubtful circumstances as regards place, time and manner of commission of offence-State ment of prosecution witnesses discrepant and F. I. R. lodged with unexplained delay-Circumstances, held, militate against credibility of prosecution witnesses-Offence, held, not fully brought home ----Convictions set aside. (b) Criminal Procedure Code (V of 1898), Ss. 161 & 164--Wit ness-Statement before Police-Corroborative value of-Prosecution witnesses given up as being won over-Statements of such witnesses recorded under S. 164, Cr. P. C. Cannot be admitted in evidence in corroboration of prosecution story. Date of hearing: 8th September 1969. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Bahadur (33) and his mater nal uncle Nur Ahmad (37) resident of Chak No. 554/G B Police Station Mamun Kanjan, District Lyallpur, were tried and convicted under section 302/34, P. P. C. by Mr. Masood Ahmad Ansari, Additional Sessions Judges, Lahore at Sahiwal, for having committed the murder of Mst. Amiran alias Hameedan, a 15 years' old daughter of Muhammad complainant, near the latter's Dhari in Square No. 114 of Chak No. 5/11 /L, Police Station Harappa, on 19-3-1967 at about sunset time. They were awarded capital punishment each and have filed an appeal against their conviction and sentence. Their case has also been referred to under section 374, Cr. P. C. for the confirmation of the sentences of death. This judgment will dispose of the Criminal Appeal as well as the Murder Reference. 2. The relevant background of the case as alleged by the prosecution briefly is that multiple relationship existed between the parties. Mst. Pathani, the elder daughter of Muhammad complainant, had been married to Ramzan, elder brother of Bahadur appellant, who was a nephew (brother's soil) of the complainant's wife Mst. Fatima P. W. In exchange, Mst. Amiran sister of Ramzan and Bahadur appellant as married to the complainant's son Ale Sher. Nur Ahmad, the maternal uncle of Ramzan, and Bahadur again solicited the hand of the complainant's younger daughter Mst. Amiran alias Hameedan deceased…