Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302--[Murder-case]-Appreciation of evidence - Evidence of motive for crime flimsy and coming from mouth of same witnesses whose evidence sought to be corroborated by motive, hence, of no cor roborative value-Ocular evidence interested and not corroborated by independent evidence of reliable nature-Recovery not witnessed by independent mashirs although available-Crime weapon recovered from a hedge accessible to all villagers-Prosecution, held, failed to prove guilt beyond reasonable doubt.-[Evidence]. (b) Penal Code (XLV of 1860) S. 302-[Murder-case]--Sudden fight Appreciation of evidence-Accused apprehended at place of murder and produced before police by eye-witnesses-Accused producing no evidence to rebut such evidence-Medical evidence supporting claim of eye-witnesses to have injured accused in a scuffle with them-Accused's explanation for his injuries found false and rightly rejected by Courts below-Injuries sufficiently establishing accused, armed with hatchet, having participated in a fight with party of complainant-Held, origin of occurrence being shrouded in mystery, accused's conviction for murder not maintainable in circumstances--Occurrence of sudden altercation between parties resulting in accused being hit and accused's return of compliment only reasonable inference in circumstances-Accused having hit deceased only with back side of his hatchet cannot be said to have acted in a brutal and callous manner-Sentence of death commuted to 7 years' R. I. and fine of Rs. 500 under S. 304 (1), Penal Code, 1860.-[Sentence-Evidence]. Date of hearing : 28th April, 1979.                                                                                                       JUDGMENT DORAB PATEL, J.-Ghulam son of Allah Warayo was murdered in Kaman village in Sanghar District (Sind) on 26-I1-1972. The first appellant is the son of one Kauro and the second appellant is…