Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302-Murder-Delay in despatch of dead body for post-mortem examination-F. I. R. drawn at place of occurrence-Facts indicate that prosecution wanted to build up a case-Circumstances, held, enough for rejecting whole prosecution case. (b) Penal Code (XLV of 1860) S. 302-Murder-Evidence--Victim done to death by a toka while lying on a charpoy-Blood stained bedding and cutting from blood-stained charpoy-Necessary links in chain of prosecution case-Omission to send such articles for chemical examination, held, operated to detriment of prosecution. Dates of hearing : 11th and 15th December 1970. JUDGMENT ATAULLAH SAJJAD, J.-This order will dispose of Criminal Appeal No. 115 and Murder Reference No. 48 of 1969. 2. The appellant was convicted under section 302 of the Pakistan Penal Code and sentenced to death by Mr. Ihsanul Haq, Additional Sessions Judge, Lahore at Sahiwal, for the murder of Ashiq Muhammad in the Behak of Nazar Muhammad (P. W. 9) in village Mopalkey, Police Station Chuchak, District Sahiwal. The occurrence took place on 29th of June 1968, at dhali ratwela which according to the estimate of the learned Additional Sessions Judge was about 2 o'clock in the night. 3. The prosecution story in brief is this. The appellant is the son of Sardara from one Mst. Chiraghan. She had been divorced by her first husband. About seven months after the marriage of Mst. Chiraghan with Sardara, Sher Muhammad (P. W. 11) was born. It is stated that Sardara disowned Sher Muhammad as his son because of this premature birth and treated him as a Pichhlag. Ten years prior to the occurrence Sardara had turned out Sher Muhammad from his house and had asked Muhammad Ali appellant to kill Sher Muhammad so that he may not claim any share in his property after his death. Sher Muhammad took his residence in village Mopalkey and on the night of the occurrence he was sleeping at the behak of Nazar Muhammad (P. W. 9). Nazar Muhammad (P. W. 9) and his first cousin Ata Muhammad (P. W. 10) were sleeping on separate cots-whereas Ashiq Muhammad deceased a brother of Nazar Muhammad and Sher Muhammad.(P. W. 11) were sleeping on one cot. Sometime after midnight…