Law: Penal Code (XLV of 1860)

Section: 302

  (a) Penal Code (XLV of 1860),   S. 302-Murder-Prosecution to prove death of victim and that death was caused by act of accused Corpus delicti missing-Mere fact that victim not seen or heard of since occurrence - Cannot support conviction under S. 302.   (b) Penal Code (XLV of 1860),   S. 302-Murder-Dead body untraceable-Conviction cannot be based on evidence of highly interested solitary witness-Benefit of doubt given to accused.   JUDGMENT   SIKANDAR ALI, J.-Appellant Abdur Razzaque Peada alias Abdul Razzaque Peada was placed on trial before Mr. G. R. Chowdhury, Sessions Judge, Bakerganj, on a charge under section 302 of the Pakistan Penal Code for having intentionally or knowingly caused the death of one Joban Ali Mirdha.   The trial was held with the aid of four Assessors, all of whom in due course, were unanimous in their opinion that the appellant was guilty of the offence charged. Agreeing with the Assessors, the learned trial Judge also found him guilty to the charge and convicting him accordingly sentenced him to transportation for life.   The victim in the case is one Joban Ali Mirdha father-in-law of the appellant. It appears that he auction-purchased the homestead of the appellant and his co-sharers but subsequently gifted away 6 annas share therein to his daughter being the wife of the appellant and another 8 annas share to the two brothers of the appellant in equal proportions. The appellant, it is said, wanted to have the remaining 2 annas share, but Joban Ali did not agree to this and instead conveyed the same to one Bondey Ali, a cousin of the appellant, living on the homestead concerned. It is said that for the purpose of execution and registration of the necessary document in favour of Bondey Ali, Joban Ali came to Barisal on the 3rd of August, 1961, in company with his son P. W. 2 Abdul Malek Mirdha aged about 17 years. After transaction of the said business he got on the boat by which he had come along with his said son at the Beltala Ferry Ghat for the purpose of crossing the Kirtonkhola river. When they were about to start, appellant Abdur Razzaque appeared there and got on the boat representing to…