Law: Penal Code (XLV of 1860)

Section: 302, 460

(a) Criminal trial----Suspicion, however strong, cannot take place of judicial proof. (b) Penal Code (XLV of 1860) Ss. 302 & 460-Assaults made with object of committing murder-Held, would not normally be accompanied by theft or robbery-Such recombination, however, not of rare occurrence so as to create doubt. (c) Penal Code (XLV of 1860) S. 302-Murder-Circumstances and evidence strewn with grave improbabilities Inconsistencies in statements of prosecution witnesses made before committing Magistrate and at trial irreconcilable-Evidence not fixing identity of culprits Prosecution evidence failing to bring home offence to accused beyond reasonable doubt-Accused given benefit of doubt and acquitted. Date of haring: 9th January 1970. JUDGMENT MUHAMMAD AFZAL CHEEMA, J.-Abdur Rashid alias Sheeda (25) was tried by the learned Additional Sessions Judge, Lyallpur, on two counts firstly; under section 460, P. P. C. for having trespassed into the house of Ali Ahmad deceased on the night between 19th and 20th October 1966 in Chak No. 223/R. B., District Lyallpur and, secondly, under section 302/34, P. P. C. for having murdered him and his relation Inayat with the help of Chiragh and Sanatta, two absconding co-accused. Vide judgment dated 26-8-1968, the learned Judge convicted the appellant on both counts (1) under section 460, P. P. C. with an award of five years' R. I. and (2) under section 302/34, P. P. C. with the award of capital punish ment. He has appealed against his conviction and sentences and his case has also been referred to us under section 374, Cr. P. C. for the confirmation of the death sentence. This judgment will dispose of the appeal as well as the Murder Reference. 2. The relevant background of the case according to the prosecution is that about three years prior, to the occurrence Sheeda appellant, a weaver of Chak No. 225/R. B., District Lyall pur, apparently a man of dubious antecedents, started living with his wife Mst. Maqsoodan in Abadi Kartar Singhwala of Chak No. 223/ R. B. where the two deceased also lived. On conviction in case of theft, he was sent to jail and in his absence Mst. Maqsoodan was maintained by Ali Ahmad deceased as a keep…