Law: Penal Code (XLV of 1860)

Section: 302

Penal Code.(XLV of 1860) S. 302-Murder case --- Prosecution witnesses closely related inter se and also to deceased-Direct conflict between medical and ocular evidence-Recovery of empty cartridge sought to be proved by eye-witnesses and not by independent witnesses---Corro boration by way of recovery no corroboration in eye of law-- Mere recovery of gun from accused without proof of recovery of empty cartridge from place of occurrence cannot prove commission .of murder by accused-Accused given benefit of doubt and acquitted. `Dates of hearing : 1st and 2nd August 1972.                                                                                                        JUDGMENT MUHAMMAD SIDDIQ, J.----Saee appellant has been found guilty of the offence under section 302, P. P. C. for causing the death of Ahmad Yar deceased. He was sentenced to death. He has challenged his conviction and -sentence through the present appeal. The case is also before us under section 374, Cr. P. C. for confirmation of the sentence of death. This judgment will dispose of the appeal as well as the Murder Reference. 2. According to the prosecution version, Ramzan, father of the deceased Ahmad Yar, was originally the resident of village Ahlewala, but he owned land in village Bodhranwala, which was lying banjar. About two and a half months prior to the present occurrence, he came to village Bodhranwala to bring the land under cultivation. His son Ahmad Yar deceased, his brother Khan, nephew, Shera also accompanied him as they were co-sharers in the said land. On 18-7-1969, at about sunrise time, he woke up his son Ahmad Yar. Khan and Shera P. W. were also present. Ahmad Yar was still rubbing his eyes when Saee appellant came there armed with a gun. He Sired two shots at Ahmad Yar hitting him on the right side of his chest and right arm. The occurrence was witnessed by Ramzan Y. W., Khan (given up), Shera and Lala P. Ws. The…