Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302 MurderRecoveryProduction of crime weapon (moongli) by complainant himself before Investigating OfficerSuch crime weapon not stained with bloodHeld, evidence rightly rejected by trial Court.[RecoveryEvidence]. (b) Penal Code (XLV of 1860) S. 302 MotiveMere proof of motiveHeld, by itself, not sufficient to warrant conviction in absence of reliable ocular evidence. [MotiveEvidence]. (c) Penal Code (XLV of 1860) S. 302 MurderOcular evidence and evidence of motive and recovery discardedHeld, medical evidence of no significance in circum stances of case.[MotiveRecoveryEvidence]. Date of hearing : 26th September 1979.                                                                                                        JUDGMENT MANZUOR HUSSAIN SIAL, J.Mst. Ghulam Khatoon, aged 24/25, daughter of Abdullah, was tried by the Sessions Judge, Jhelum, under section 302, P. P. C, for causing the murder of Mst. Amir Begum. The learned trial Judge vide his judgment dated 2441973, acquitted the accused. The order of acquittal, however, was challenged .by the State and Nehmat Khan complainant through Criminal Appeal No. 662 of 1973 and Criminal Revision No. 912 of 1973, respectively. We propose to dispose of both these matters by this judgment. 2. The facts of prosecution case, as disclosed in the statement of Nehmat Khan P. W. 7, are as follows: On 10th June 1972, at Rotiwela, Nehmat Khan, Muhammad Ashraf P. Ws. and one Sarwar were grazing sheep and goats near a Kassi known as Dalani Shahni in Chak Malook, at a distance of six miles from Police Station, 4. Chakwal, District Jehlum. Mst. Amir Begum deceased came to the Kassi for washing clothes. She was followed by the accused who had come there to offer water to the buffalo. She was carrying a moongli. Immediately after her arrival, she began to abuse Mst. Amir Begum and started giving her blows with the moongli. The complainant on…