Law: Penal Code (XLV of 1860)

Section: 309

Penal Code (XLV of 1860) S. 309-Evidence, appreciation of-Benefit of doubt-Enmity existing between parties over abduction of women-Ocular evidence Interested and not reliable-Recovery of crime weapon doubt ful-Dying declaration of deceased not made before a judicial pf4cer-Prosecution, held, failed to establish guilt of accused beyond reasonable doubt--Accused given benefit of doubt and acquitted, ill circumstances.-[Evidence-Benefit of doubt. Date of hearing : 6th May, 1979.                                                                                                                                                  JUDGMENT SAJJAD ALI SHAH, J.-Three appellants namely Kauro son, of Karim Bun. Didar son of Azizullah and Bahadur son of Karim Bux, by caste Khokhar, have filed this appeal against the judgment dated 12th April, 1978 of learned Additional Sessions Judge, Dadu whereby all the three have been convicted for offences under section 382/34, P. P. C. and sentenced to R.I. for seven years each and a fine of Rs. 1,000 or in default further R. 1. for six months. Appellant Bahadur has also been convicted for offence under section 302, P. P. C. and sentenced to life imprisonment and a fine of Rs. 1,000 or in default further R. I. for six months. In fact all the three appellants were tried for offence under section 302/34, P. P. C. but only appellant Bahadur was convicted and sentenced as above and the other two appellants were acquitted of this charge. On 6th May, 1979, after hearing the learned Advocates for each side, we had allowed the appeal for reasons to be recorded later, which follow now. Brief prosecution story is that complainant Fakir Mohammad owned cattle viz. one buffalo and four goats, which he tethered in the courtyard of his house in village Fakir Mohammad Khokhar, Deh Phekrano, Taluka…