Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302--Murder-Benefit of doubt-Sole eye-witness of incident suppressing name of assailant at earliest stage but implicating accused in subsequent report recorded after interval of 3 hours after consultation anti no explanation offered to reconcile two contradictory statements Deceased, a labourer in Government farm, alleged to have gone out to cut sticks for the farm but marked absent on alleged morning of incident in Attendance Register kept at farm---Recovery of weapons not proved to be crime weapons-Prosecution in circumstances, held, failed to establish its case against accused persons beyond reasonable doubt Accused given benefit of doubt and acquitted. Date of hearing : 9th February 1971. JUDGMENT MUHAMMAD HALEEM, J.-Appellants Punhoon and Miran were tried along ,with Mevo and Nawab for the murder of Ghulam Kadir Jamali and only they were convicted under section 302, read with section 34, P. P. C. and each of them was sentenced to transportation for life and fine of Rs. 1,000, or in default to undergo rigorous imprisonment for one year. The appellants have appealed to this Court against their conviction. 2. The incident occurred at 10 a.m. on 29th January 1966, on the bank of Kaisar minor near survey Nos. 63/3 and 63/4 belonging to Mir Ghulam Abbas situated in Deh Aber, Taluka Hyderabad. The first information report was recorded at 1 p.m. on the same day at the scene of offence by Ghulam Muhammad S. H. O., Police Station Tando Jam upon the information conveyed by Din Muhammad, the brother of the deceased. It was said that he and his deceased brother had come in a bullock cart to cut sticks as they were required at the agricultural farm where they were working as labourers. After having cut some sticks the deceased felt thirsty and he went to the minor to drink water and on its bank .he was accosted by the two appellants and the two acquitted accused, out of whom appellant Punhoon was armed with a revolver while appellant Miran with a gun and the other two had hatchets. The two appellants and the acquitted accused asked them as to why they had come there. Appellant Punhoon abused them and at his instigation appellant Miran fired…