Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860)--- ----S.302---Appreciation of evidence---Eye-witnesses were related to deceased and were chance witnesses---None of the witnesses of locality examined as Court witness supported prosecution version---Deceased was involved in criminal cases of serious nature and possibility of his having been done to death by other persons could not be ruled out---Complainant had thrown the net too wide implicating accused and his four real brothers who were found innocent in police investigation---After having been disbelieved in respect of majority of accused strong independent corroboration was required for ocular testimony which was not available--Recovery of pistol failed to help prosecution as it did not match with crime empties recovered from the spot---Motive being a double-edged weapon also did not help prosecution---Prosecution, held, had failed to bring home guilt to accused beyond all reasonable doubt---Accused was acquitted in circumstances. Kh. Sultan Ahmad for Appellant. Sardar Muhammad Khurshid for The State. Date of hearing: 26th February, 1990. JUDGMENT IJAZ NISAR, J.--Mumtaz Ullah son of Hamid Ullah Khan, Imtiaz Ullah, Saif Ullah, Sana Ullah and Aziz Ullah were tried for the murder of Fateh Khan deceased. By judgment dated 11-5-1987 the learned Sessions Judge, Bhakkar convicted Mumtaz 11llah under section 302, P.P.C. and sentenced him to death and to pay fine of Rs. 20,000 or in default to undergo 5 years R.I. The fine, if recovered, was ordered to be paid to the legal heirs of the deceased. The other accused were given the benefit of doubt and acquitted. Mumtaz Ullah has appealed against his conviction and sentence while the learned trial Court has made a reference for confirmation of the death sentence. Muhammad Ashraf complainant has filed an appeal challenging the acquittal of Imtiaz Ullah and Saif Ullah. All the matters shall be disposed of by this judgment. The prosecution case is that Fateh Muhammad deceased was an accused in a dacoity case. On 4-1-1986 he alongwith Muhammad Ashraf P.W.1, Dost Muhammad P.W.2 and Rab Nawaz (not examined) was proceeding towards his house after attending the Court of Ch. Muhammad Nawaz, MIC,…