Law: Penal Code (XLV of 1860)

Section: 302, 34

  (a) Criminal trial Evidence-Conjectures, however well-inten tioned-Cannot take place of legal evidence. (b) Criminal trial Corroboration-Interested testimony-Rule of prudence requires such to be corroborated. (c) Penal Code (XLV of 1860) S. 302/34-Murder trial Prosecution evidence hostile, unreliable and uncorroborated-Cases of acquitted accused not distinguishable from those of convicted accused ----Appellant given benefit of doubt and acquitted. Dates of hearing : 1st and 2nd August 1972.                                                                                                                         JUDGMENT ATAULLAH SAJJAD, J.-This judgment will dispose of Criminal Appeal No. 847 of 1970 and Murder Reference No. 89 of 1971. 2. The appellants in this case are four in number. Bahadur and Ghulam Ali are brothers inter se while Shera and Saee are father and son respectively. Shera is the paternal uncle of Bahadur and Ghulam Ali. All of them have been convicted under section 302/34, P. P. C. for causing the death of Sher Muhammad. Bahadur and Saee have been sentenced to death and other two to transportation for life. The appellants were tried along with Bahadur son of Sajawal, Akbar and Aslam sons of Sardara who are brothers inter se. These three co-accused of the appellants were acquitted by the learned Sessions Judge. 3. The occurrence took place on 14th of September 1967, at about nimazwela in village Nain, Police Station Kuthala Sheikhan, Tehsil Phalia in the District of Gujrat. The first information report was lodged by Salehoon Muhammad (P. W. 7) and was recorded by Sub-Inspector Mahmood Ahmad (P. W. 11) at 7 a.m. The distance between the place of occurrence and the police station is eight miles. 4. The evidence is that on the morning of 14th of September 1967 at about nimazwela, the accused came to the joint behak of Shera deceased, the brother of…