Law: Penal Code (XLV of 1860)

Section: 302

(a) Penal Code (XLV of 1860) S. 302-Murder-Circumstantial evidence-Circumstances can not lie but can mislead-Conviction for murder cannot be allowed unless fact of death be proved either by direct evidence (e. g. finding of body) or by circumstantial evidence of exceptionally strong character--Mere suspicion-Held, not sufficient to justify conviction.-[Evidence]. . The State v. Manzoor Ahmad P L D 1966 S C 664 and Mst. Sairan alias Saleems v. The State P L D 1970 S C 56 ref. (b) Penal Code (XLV of 1860) S. 302-Murder-Evidence--Last seen evidence -Held, a weak type of circumstantial evidence-No conviction can be based merely upon fact of deceased having been last seen in company of accused. [Evidence]. Naqibullah and another v. The State P L D 1978 S C 21 ; Rehmat alias Rhaman alias Waryam alias Badshah v. The State P L D 1977 S C 515 and Fazal Elahi alias Sajawai v. The State P L D 1953 F C 214 ref. (c) Penal Code (XLV of 1860 S. 302-Murder-Circumstances of extra-judicial confession, recovery of bones, hair and amulet of deceased and last seen evi dence found to have been brought about for purpose of seeking con viction of accused-No evidence worth name against accused to warrant his conviction and prosecution utterly failing to bring home guilt to him - Conviction and sentence set aside.-[Evidence]. Dates of bearing : 6th and 22nd September, 1979.                                                                                                    JUDGMENT MUHAMMAD SARWAR, J.-Allah Ditta son of Suleman, aged 35 years was tried along with Manzoor son of Allah Rakha, brother of the deceased Shah Muhammad son of Allah Yar, brother-in-law of the appellant, Mst. Kammon wife of Mehru, mother-in-law of the appellant and Muhammad Ishaq son of Muhammad Din distant relative of the appellant, by learned Sessions Judge, Vehari, for the murder of Abdul Ghafoor, aged about 18/25 years. By judgment dated 14th January, 1978, Allah…