Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860) S. 302-Murder-Benefit of doubt-Ocular evidence disbelieved-Mere recovery of blood-stained clothes from person of accused-Not sufficient to warrant conviction on capital charge-Statement of eye-witness contradicted by medical evidence and possibility that accused was not identified at spot and his name was introduced later on, not ruled -out-Prosecution, held, failed to prove offence beyond reasonable doubt-Accused given benefit of doubt and acquitted. JUDGMENT ATAULLAH SAJJAD, J.-Ahmad son of. Ramzan resident of Mauza Buhar Police Station Taunsa in the District of Dera Ghazi Khan; has been convicted by Ch. Muhammad Rafiq Tarar, Sessions Judge; Dera Ghazi Khan, under section -302 of the Pakistan Penal Code for having committed the murder of Sohrab deceased on the night between-23rd and 24th of December' 1967, at about sehri time in the area of Basti Pir Di, Mauza Buhar, and has been sentenced to death. He has filed an appeal. The case is also before us in connection with Murder Reference No. 28 of 1969 fur confirmation of the death sentence. This judgment will dispose of both the matters. 2. Sohrab deceased had married Mst: Khanai a few .months before the occurrence. This woman had been divorced by her two previous husbands, namely, Yusuf and Muhammad and the latter had divorced her after receiving Rs. 1,800 from Sohrab. The deceased was more than 55 years of age and we find from the evidence of Mst. Khanai that he had already two wives but was issueless. 3. The motive alleged by the prosecution for the commission of the offence is that the appellant who was a neighbour of Sohrab deceased in Basti Pir Di made indecent overtures to Mst. Khanai but she told her husband about these overtures. About five or six days before the occurrence, I Sohrab deceased admo nished the appellant for his misbehaviour. This was followed by an altercation and exchange of abuse between the appellant and the deceased. 40. On the night between 23rd and 24th of December 1967, corresponding to the 21st of the month of Ramazan, Mst. Khanai and Sohrab deceased were sleeping in their kotha on separate cots. The door of the kotha could be bolted from…