Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302-Evidence-Statement of solitary eye-witness false-Rest of evidence, even if believed, not advancing prosecution case-Recovery of alleged crime scissors at Instance of accused and his identification as person who took it away from shop of P. W. highly doubtful----Conviction and sentence set aside, in circumstances. Dates of hearing: 15th March, 23rd and 25th May 1972.                                                                                                                                          JUDGMENT Asadullab, aged 20 years, was tried along with his brother Zafarullah and their friend Mahboob Ahmad by Qazi Muhammad Dastgir, Additional Sessions Judge, Lahore, for the murder of Javid aftas Bawa. The learned trial Judge acquitted Zafarullah and Mahboob Ahmad co-accused vide his judgment 12-6-1970, but found Asadullah appellant to be gullty of an offence under section 302, P. F. C. and sentenced him to transportation for life. He also imposed a fine of Rs. 5,000 upon him. In case of non payment of the fine he was ordered to undergo a further R. 1. for a period of 2 years. Half of the fine, if recovered, was ordered to be paid to the heirs of the deceased. Asadullah appellant was also directed to pay a sum of Rs. 5,000 under section 544-A, Cr. P. C. as compensation to the heirs of the deceased, failing which he was ordered to undergo a further R. I. for a period of two years in addition to the punishment awarded for the main offence. Asadullah appellant has filed an appeal against his con viction and sentence. 2. The background of the case is that Javid deceased was employed at Schazoo Laboratories, Lahore. Sometime prier to the incident Mr. Ahmad Saeed Kirmani a Provincial Minister was invited to the Schazoo Laboratories by its proprietors and the crowd gathered on the road displayed…