Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Benefit of doubt-Evidence, appreciation of ----Two possibilities equally probable-One in favour of defence to be accepted-Occurrence taking place in broad daylight at a fairly inhabited spot but no independent witnesses produced by Prosecu tion-Medical evidence not. lending full support to testimony of solitary interested chance witness nor any independent corroboration in support of testimony of such witness forthcoming-Possibility of assailants escaping unidentified and complainant suspecting accused and genuinely believing them to be assailants supplied false evidence in support of his set up case not ruled out-Mere facts that occurrence took place in broad day in an inhabited area and a close relative nominated by complainant as assailant and further that substitution being a rare phenomenon-Held, of no avail to uphold conviction of accused, in circumstances of case-Accused given benefit of doubt and acquitted.--[Benefit of doubt-Evidence]. Dates of hearing : 13th and 14th April 1.980.                                                                                                                      JUDGMENT Muhammad Shah and his son Shahid Shah were tried in the Court of Qazi Muhammad Latif, Additional Sessions Judge, Gujrat, for the murder of Ijaz Husain Shah. By his judgment dated 16-10-1978, the learned trial Court acquitted Shahid Shah of the charge and convicted Muhammad Shah appellant under section 302, P. P. C. and sentenced him to imprisonment for life and a fine of Rs. 10,000 in default whereof further one year's rigorus imprisonment was ordered. The learned trial Court under section 544-A, Cr. P. C. directed the appellant to pay a compensation of Rs. 5,000 to the heirs of the deceased and in default thereof six months' further rigorous imprisonment was directed. Muhammad Shah appellant has filed Criminal…