Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 18'60), S. 302---Benefit of doubt--f [Murder case]-Eye-witnesses not supporting prosecution case at trial-Crime gun recovered from accused not connected with of offence---- Many other persons present at spot yet none produced by prosecution-Identity of accused using crime gun not ascertain able-Accused given benefit of doubt, in circumstances and acquitted. Date of hearing: 24th August 1972.                                                                                                                                  JUDGMENT This is an appeal by Gehna son of Shahzada, Caste Dogar, resident of Bhunaki Uttar who has been convicted under section 302, P. P. C. and sentenced to transportation for life by the learned Additional Sessions Judge, Lahore (camp at Kasur) by means of his judgment and order, dated 6th April 1970, for the murder of his real brother Muhammad Din. 2. The facts of the present case are that in consolidation proceedings of the village, one kanal of land was jointly given to the five brothers, namely, Fattu, Nura, Inayat, the present appellant Gehna and Muhammad Din deceased. About three months before the occurrence, the five brothers arrived at a family settlement as a result of which the aforesaid plot of land was partitioned and a portion thereof fell to the lot of Muhammad Din deceased. On 22-6-1968 at about 9 a. m., Shall Muhammad and Jan Muhammad, sons of the deceased (that is, nephews of the appellant) started constructing a wall to separate their share of the aforementioned land. This was taken exception to by the appellant, whereupon a quarrel ensued between the uncle and the nephews. Muhammad Din brother of the appellant along with his wife Mst. Rajan came on the spot and tried to intervene but the situation did not come under control. The appellant left that place and' started going…