Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860), S. 302-Murder taking place during night while deceased was sleeping along with six others-Such persons examined by Investigating Officer, but none produced as prosecution witness----Prosecution witness interested and highly inimical Production of interested and with holding of competent witness---Held prosecution story doubtful-Accused-appellant acquitted. Date of hearing: 14th July 1972.                                                                                                       JUDGMENT Mushtaq, aged 25 years, has appealed from jail against his conviction under section .302 of the Pakistan Penal Code and sentence of transportation for life for causing the death of his own brother Ishaq on the night of 19/20-4-1968. 2. The prosecution case is that the' appellant had developed illicit relations with Mst. Irshad Begum, the wife of his brother Ishaq. They were surprised, a week before the occurrence by Muhammad Nawaz (P. W. 7), and Khadim (P. W. 8). They, however, begged for pardon and were excused. On the night of 19/20-4-1968, Ishaq, while asleep, was killed. Sultan Muhammad Lambardar (P. W, 9) was informed of it. He started for reporting the occurrence to the police. On the way Muhammad Nawaz (P. W. 7) met him and informed him as to who could be the assailant of Ishaq. He, in that context, named the appellant and also mentioned the incident of a week before when he was found with the wife of the deceased. Sultan Muhammad wrote a ruga, Exh. P. A. addressed to the Station House Officer, Police Station Saddar, Wazirabad, informing him of the occurrence and expressing suspicion on Mushtaq, appellant, who was reported to have disappeared from the village. The First Information Report was recorded by Ch. Sultan Ali who went to the spot, attended to the dead body, and sent it to the mortuary. He got prepared the site plan and also effected recoveries of the blood-stained…