Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Benefit of doubt-Prosecution case not free from doubt-Old enmity between parties established First information report lodged with delay giving sufficient time to complainant party for deliberations Identification of assailants by eye-witnesses in absence of moon-light improbable and probability of accused being named due to suspicion against them-Accused in circumstances given benefit of doubt and acquitted. JUDGMENT ASLAM RIAZ HUSSAIN, J.--Nawab aged 46 years, Ali Ahmad aged 31 years, Noor Ahmad aged 33 years, and Rashid Ahmad aged 29 years, were tried by Sheikh Abdul Waheed, Additional Sessions Judge (1), Sahiwal, for an offence under section 302/34, P. P. C. for the murder of Khurshid Ahmad deceased, in further ance of their common intention, on the night between 13th and 14th July 1968, when he was sleeping in the compound of his house in Chak No. 31 S. P., Tehsil Pakpattan, District Sahiwal. The learned trial Judge vide his order dated 19th April 1969, found all of them guilty of the above-noted offence. He sentenced Nawab and Ali Ahmad to death and Noor Ahmad and Rashid Ahmad to transportation for life. All the four appellants have filed a joint appeal against their conviction and sentence. The case has also been referred to us for confirmation of the death sentence awarded to Nawab and Ali Ahmad appellants. This order shall dispose of the criminal appeal as well as the murder reference. 2. The prosecution story, briefly stated is as follows: Wali Muhammad (P. W. 7) and his elder brother Khurshid Ahmad deceased used to reside together. Their maternal uncle Muhammad Sadiq had no male issue. He had only one daughter named Mst. Bashiran whom he had engaged to Wali Muhammad P. W. in childhood. He, therefore, took Wali Muhammad P. W. to his own house, as a palak, saying that he would bring him up and then marry him to Mst. Bashiran. When Mst. Bashiran attained marriageable age, the appellants, who were the brothers- in-law of Muhammad Sadiq, wanted her to be married to Muhammad Hussain, son of Nawab appellant, but Muhammad Sadiq did not agree to this proposal. Mst. Sharman, the mother of Mst. Bashiran, however, insisted…