Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), ---S. 302-Murder-Benefit of doubt-Whole prosecution case pregnant with serious doubts as-regards complicity of accused in commission of crime-Ocular evidence inconsistent with medical evidence-Crime empty not match ing with rifle recovered from accused-Not a single disinterested witness produced to corroborate ocular evidence of interested and inimical prosecution witnesses-Accused given benefit of doubt and acquitted. JUDGMENT BASHIRUDDIN AHMAD, J.-Ghulam Akbar (36) was tried for the murder of Fateh Sher on 27-8-1967 by the learned Sessions Judge, Sargodha, who convicted him under section 302, P. P. C. and sentenced him to suffer death. 2. The condemned-person has appealed and the case is also before us on reference under section 374, Cr. P. Code, for conformation of the death sentence. We propose to dispose of the appeal and the reference by a single judgment. 3. The facts of the case, shortly stated, are that Mst. Gahran, who is married to Muhammad Sher, a brother of the deceased, had developed illicit relations with the appellant and had obtained an ex parte decree for dissolution of her marriage from a civil Court at Jauharabad. She was living in the house of her father-in-law, Alam Sher, at Katha Misral. On the eventful day, at about peshiwela, the deceased told Mst. Gahran to discontinue the illicit connection with the appellant. Mst. Gahran took it ill. She left for the house of the appellant and after a short while, the appellant came to the house of Alam Sher armed with a rifle and asked the deceased as to why he had stopped Mst. Gahran from visiting him. This led to the exchange of hot words between the deceased and the appellant. The latter fired twice at the deceased, who dropped to the ground and died. Alam Sher, his son Muhammad Sher and Mst. Saran, the mother of the deceased, witnessed the occurrence. Alam Sher proceeded to Katha Sagral Police Station, three miles away from the scene of the crime, and reaching there at 4-00 p. m. the same day, lodged the report, Exh. P. G. After scribing the report A. S. I. Inayat Hussain (P. W. 11) went to the spot, took into possession blood-stained earth and scaled it into a parcel.…