Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 417 read with Penal Code (XLV of 1860), S. 302(Murder)= Appeal against acquittalEvidence, appreciation of: Ocular evidence not confidenceinspiring and emanating from witnesses either interested or partisanEvidence of recovery of weapons of offence not reliable nor evidence of motive unimpeachableMedical evidence alone, held, of no significance, in circumstancesAppeal against acquittal dismissed.[Appeal against acquittalEvidence]. Dates of hearing : 26th and 29th September, 197J.                                                                                                                    JUDGMENT Abdul Majid (31), Abdul Jalil (28) Khan Bahadur (50) sons of Roshan Din, their cousin Noor Muhammad (50) and Abdul Khanan (17). were tried by the Sessions Judge, Campbellpur under section 302/148/149, P. P. C. for causing murder of Shamroz son of Mohammad Ghaus. The learned trial Judge acquitted all of them vide his judgment dated 10th June 1971. The State had challenged the order of their acquittal by means of this appeal. 2. The facts of the prosecution case, as narrated by Qazi Abdul Rauf (P. W. 8), uncle of the deceased, in his statement (Exh. P. B.) recorded by Malik Ashiq Hussain S. 1. (P.W. 11) in the Hospital on l5th September, 1970, are as follows : On 14th September, 1970, after evening prayer time, Abdur Rauf was returning to his house from the Bazar by making purchases of certain articles. When he reached near the baithak of Qazi Riaz, he saw his nephew Shamroz coming from the opposite direction. When Shamroz came near him, the accused Khan Bahadur armed with Toka, Abdul Majid and Jalil with knives, Noor Muhammad with Chhuri and Abdul Khanan with shovel, emerged out of the baithek, and attacked him with their respective weapons. Abdul Majid opened the attack. He inflicted an injury on the face of the deceased, followed by a knife…