Law:

Section:

Penal Code (XLV of 1860)--- ----S. 302-[Murder case]-Evidence, appreciation of-Prosecution witnesses not disinterested-Evidence of solitary witness stating to have last seen deceased in accused appellant's company not corroborated by reliable evidence-Retracted judicial confession of accused appel­lant inconsistent with medical evidence and rightly refitted to be relied upon by High Court-Dead body of deceased not discovered at pointing out of appellant but earlier seen by a prosecution witness­ Recovery of hatchet at accused's instance unreliable-Improbable also for hatchet to have been found stained with human blood after its being immersed in water for several days-Mere circumstance of deceas­ed and appellant with his companions having been last seen together, held, not incompatible with innocence of appellant in circumstances and appellant entitled to benefit of doubt and acquittal. JUDGMENT SALAHUDDIN AHMED, J --This appeal by special leave of this Court is from an order of a Division Bench of the High Court of Sind & Baluchistan at Karachi, dated the 28th of February, 1973, maintaining the conviction and sentence of transportation for life passed upon the appellant under section 302/34 of the Pakistan Penal Code. Of the four accused persons originally put on trial one, namely, Achhar had been acquitted by the learned Sessions Judge, Khairpur. while the other two co-accused, namely, Kauro and Mir, though convicted and sentenced by the trial Court, were acquitted by the High Court. According to the prosecution case on the 26th of June, 1969, at about sun-set appellant Nazo along with his co-accused Kauro and Mir had come to the house of Photo deceased in Jareh Koh village, and had taken him away in their company for the purpose of attending Ghiarwin Sharif Mela at Gambat, which is situated at about 6 miles from the house of the deceased. Photo, however, did not return to his house on the following day and his father, Sanwal, having learnt that the deceased had gone in the company of the aforesaid three persons and that he had been seen in their company at Khamtia culvert on Hamirji Minor, went to them in the village and inquired from them about the…

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