Law: Penal Code (XLV of 1860)

Section: 394 , 302

Penal Code (XLV of 1860) Ss. 302 & 394-Murder-Robbery Benefit of doubt-Statement of approver in direct conflict with medical evidence-Recovery of crime weapon at accused's instance doubtful.-Testimony of approver getting no corroboration in any material particulars and circumstantial evidence not enough to bring home charge to accused-No evidence to shew any previous associa tion between accused and approver which could prompt them to join hands to commit murder and robbery-Mere fact that accused's shirt was stained with human blood Not sufficient to hold accused responsible for crime-Case against accused, held, doubt ful-Convictions and sentences set aside in circumstances. JUDGMENT MUSHTAQ HUSSAIN MUNIR, J.-Allah Bakhsh ,(21) was tried by Mr. Rasool Bak'fsh Leghari, Additional Sessions Judge, Mianwali, under sections 302 and 394 of the Pakistan Penal Code for the murder of Ahmad Din deceased, committed by him jointly along with Shabbir Hussain Shah approver (P. W. 2) and voluntarily causing hurt to the deceased while robbing him 44 sheep. He was found guilty of both the charges and was sentenced to death under section 302 of the Pakistan Penal Code. He was also sentenced to three years' rigorous imprison ment under section 394 of the Pakistan Penal Penal Code. However, the latter- sentence was directed to take effect in the case death sentence was not confirmed. In that eventuality, this sentence was to run concurrently with any other sentence awarded to him for the murder of the deceased. He has come up in appeal to this -.Court. His case is also before us under section 374 of the Code of Criminal Procedure for confirmation of the death sentence. This judgment shall dispo3e of appeal and as well as the murder reference. 2. Briefly stated the facts of the case are, that Ahmad Din deceased an old man of 75 years of age, resident of Tina Qureshi Wala dakhti Godla, used to go out every day to graze his flock of sheep. As usual, he took 44 heads of sheep and goats for grazing on 28th October 1967, to a nearby jungle, but did not return to his house in the evening. His sons Sher Muhammad (P. W. 6) and Sardar Bakhsh (P. W. 7), made search for…