Law: Penal Code (XLV of 1860)

Section: 302

(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated the 28th September 1970, in Criminal Appeal No. 170 of 1969 and Criminal Revision No. 262 of 1969). Penal Code (XLV of 1860), S. 302-Murder-Benefit of doubt- Prosecution version that large number of persons had gathered at place of occurrence but all the same prosecution failing to produce a single disinterested witness in support of its case-Held, no implicit reliance could be placed on evidence of interested eye witnesses in absence of corroboration-Prosecution, held, failed to prove its case beyond reasonable doubt-Acquittal of accused, in circumstances, not interfered with. Dates of hearing: 1st and 2nd March 1972. JUDGMENT SALAHUDDIN AHMED, J.-This appeal by special leave of this Court is from an order of a Division Bench of the Peshawar High Court, setting aside the convictions and sentences of the appellants (respondents Nos. 1-3 herein) passed under section 302 of the Pakistan Penal Code (two counts) and under section 307 of the Code (three counts). Originally seven persons, including the three respondents were tried by the Additional Sessions Judge, Peshawar, under sections 148, 302/ 149 (two counts) for committing the murder of Jehanzeb and Farid and under section 307/ 149 for attempting on the lives of Sarfraz and P. Ws. Muzammal and Alamzeb ; under section 436, P. P. C. for burning the kotha of Sher Afzal P. W. and under section 404 of the Code for removing the licensed gun and bandolier of Jehanzeb deceased after he had been killed. The complainant and his party belonged to the Muslim League while the respondents and their men belonged to the Red Shirt Organization. The relations of the two parties had not been cordial since 1930. 9 months 2 years before the occur rence, Abdul Rehman, a brother of Sarfraz and cousin of P. W. Alamzeb and Jehanzeb deceased had been murdered and respondents Naqeebullah and his son Shamsur Rehman, and respondents Hamidullah (since dead) and his son Ahmedullah were tried for the murder but acquitted. Both the parties, however, were bound down in security proceedings. On 20th May 1968, about 8 a.m., P. W. Alamzeb and his cousin Sarfraz…