Law: Pakistan Penal Code, 1860

Section: 302

Circumstantial evidence-Can form basis of conviction if inconsistent with innocence of accused.   When in a case there is only circumstantial evidence consistent with two theories, the favourable and the other unfavourable to the accused, the theory favourable to the accused must be accepted. But when the circumstantial evidence is reasonably inconsistent with the innocence of the accused, and is consistent only with his guilt, the circumstantial evidence can form the basis of con viction. JUDGMENT   HABIBULLAH KHAN, J.-This is an appeal by one Babu Hussain, resident of Chak No. 2 D. B. District Mianwali, against the order of the Sessions Judge, whereby he has been convicted under section 302, P. P. C., for the murder of Fateh Muhammad and sentenced to death. His sentence is also laid before us for confirmation.   The brief facts of the case are, that Babu Hussain appel lant, who is a refugee and an allottee of some land in Chak No. 2 D. B. District Mianwali, used to visit the house of Fateh Muhammad deceased in Kundian village, which is about 3 miles from his residence. , In the course of these visits, he developed illicit connections with Mst. Sahiban (P. W. 7), a sister of the deceased. The deceased was, however, unaware of the illicit connections. In the harvesting season of 1957, the ,appellant engaged the deceased on a lump-wage of 4 maunds of wheat to cut his wheat crop. Accordingly, the deceased shifted from his house to the Khalwara (threshing floor) of the appellant along with his sister Mst. Sahiban (P. W. 7) and Mst. Aishan (P. W. 6). the wife of his brother Muhammad (P. W. 2), about 2 months prior to the occurrence, and took up temporary resi dence in the jhuggi (a thatched hut- or chappar) of the appellant, situated close to his threshing floor. The deceased busied himself with reaping the wheat crop of the appellant, while the two ladies used to work with some other people in the area. Two or three days before the occurrence, one morning the appellant asked the deceased to go to a canal, which was situated at some distance from the threshing floor and fetch water. When the deceased left for the canal, Mst. Sahiban went to the…