Law: Penal Code (XLV of 1860)

Section: 326, 34, 324

Penal Code (XLV of 1860), Ss. 326/34 & 324/34-Benefit of doubt-Prosecution evidence self-contradictory, highly coloured, and unnatural-Prosecution witnesses relations of victim-Benefit of doubt given to accused. Date of hearing : 9th January 1973.                                                                                                                                  JUDGMENT This appeal under section 410, Cr. P. C. is directed against the Judgment of Mr. Mirza Arshad Beg, Additional Sessions Judge, Sukkur dated 27-1-1970, whereby he tried and convicted the present appellants for offences under section 326 read with section 34, P. P. C. and sentenced to four years' R. I. each and a fine of Rs. 500 each and in default of fine further six months' R.I. They were further sentenced to one year's R.I. under section 324/34, P. P. C. It may be noted that there were three other persons who were tried along with the present appellants for the above offence. They were, however, acquitted by the trial Judge by the same judgment. 2. The prosecution case briefly is that on 27-6-1968 while Muhammad Ali, the injured person was grazing his sheep, about a furlong's distance from his hut, his father Qabool who was grazing his goats in the nearby jungle heard cries and incidentally at the very moment Mst. Nazul, mother of Muhammad Ali had also brought breakfast for Muhammad All. She heard also the cries and both father and mother, who were prosecution eye-witnesses rushed to the scene and found their son unconscious, his nose was chopped off and lying injured. P. W. 1 Qabool who is the first informant and father of the injured, went to the Police Station Ghotki and filed an F.I.R. at about 10-30 a. m., wherein he stated that he and his son who was grazing sheep in the morning when Mst. Nazul brought breakfast for them and they started…