Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-hfurder-Benefit of doubt Circumstantial evidence-No supporting evidence in shape of recovery of incriminating objects at pointing out of accused nor any other circumstance tending to lead to inference that accused was guilty of killing deceased-Mere evidence that accused and deceased were "last seen alive together"-Not by itself sufficient to lead to conclusion that accused killed deceased-Conviction can be based on circumstantial evidence only if facts proved wholly incompatible with innocence of accused and .incapable of explanation upon any other hypothesis then that of guilt-Prosecution in circumstances, held, failed to prove its case beyond reasonable doubt-Accused given benefit of doubt and acquitted. Lal Shah v. The State Cr. A. No. 56 of 1969 rel. Date of hearing : 1st.May 1970. JUDGMENT ASLAM RIAZ HUSSAIN, J.-Allah Bakhsh, aged 19 years, was tied under section 302 for the murder of his sister, Mst. Ghulam Fatima, and under section 317, P. P. C. for abandoning her son, aged one year, in a cotton field near the place of occurrence. He was found guilty under both the charges by the learned trial Court vide its order dated 12th April 1969 and was sentenced to death under sec tion 302, P. P. C. and td three years' R. 1. under section 317, P. P. C. The sentence under section 317, P. P. C. was ordered to take effect only if the death sentence is not confirmed by the High Court. Allah Bakhsh has filed an appeal against his conviction and sentence under both the charges and the case has also been referred to us under section 374, Cr. P. C. for confirmation of the death sentence. We propose to dispose of the appeal and the murder reference by a single order. 2. The facts of the prosecution case as stated by the prosecution witnesses are briefly as follows .:- Mst. Ghulam. Fatima alias Mst. Ghulaman deceased was the sister of Allah Bakhsh appellant. About 13 years ago she was abducted by Ramzan alias Ghulam. P. W. 11 (P L D 1964 Dacca 710), who was the resident of another Chak i.e. Chak No. 68/4-R. Rumzan alias Ghulam P. W. then married Mst. Ghulam. Fatima. After sometime there was compromise between Ramzan alias…