Law: Evidence Act (I of 1872)

Section: 6, 9

Law: Penal Code (XLV of 1860)

Section: 302

Evidence Act (I of 1872) Ss. 6 to 9 and Petal Code (YLV of 1860), S. 302 - Murder - Circumstantial evidence- Ride : no link in chant should be broken and circumstances should be such as cannot be explained away on any hypothesis other than guilt of accused-Extra judicial confession disbelieved; recoveries made trot shown to be connected with crime ; and motive for crime extremely weak-Held, no conviction for murder, in circumstances, could be based on mere fact that accused eras last seen with deceased. Date of hearing : 2nd December 1971.                                                                                                                         JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by special leave, arises out of a judgment of a learned Single Judge of the erstwhile High Court of West Pakistan, Lahore Seat upholding in appeal the conviction and sentence of the appellant under section 302 of the Pakistan Penal Code. The appellant, who was at the relevant time a temporary relieving "Token man" at Kaulwal Railway Station, was charged for the murder of one Muhammad Ramzan, a permanent Points man employed at the same Railway Station, at about 3-05 a.m. or soon thereafter of the 4th of March 1963. The prosecution case against the appellant was that he and tile deceased were both posted on night duty oil this particular night in connection with the clearance of trains. The duty of tile appellant was to pass the token (iron ring) to the engine drivers who passed through the station with their trains. The duty of the deceased was to set the points for the trains to pass. The turn of duty of both started at midnight. The deceased was to continue on duty till 8 a.m. of the 4th of March 1963 and the appellant's duty was to last till 12 noon. During their turn of duty, the Chenab Express passed through the station at 2-57 a.m. and a Goods train,…