Law: Penal Code (XLV of 1860)

Section: 302, 201

(a) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Evidence of deceased last seen alive in company of accused-A weak type of evidence to base conviction on.-[Evidence]. Allah Ditta v. The State 1969 P Cr. L J 1108 and Naqib Ullah and another v. The State P L D 1978 S C 21 ref. (b) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of-Conviction for murder based- absolutely on circumstantial evidence-Facts proved, held, must be incompatible with innocence of accused and incapable of explanation upon any other reasonable hypothesis than that of his guilt-Circumstances of strong suspicion unsupported by any conclusive evidence, held further, not sufficient to sustain a conviction. [Evidence]. Siraj v. The Crown P L D 1956 F C 123 ; Des Raj v. Emperor A I R 1928 Lah. 858; Bulaqi v. Emperor A 1 R 1928 Lah. 476 and Nazir v. State p L D 1960 Lah. 189 rel. (c) Penal Code (XLV of 1860)  S. 302 read with S. 201-Murder-Evidence, appreciation of Conviction for murder based on circumstantial pieces of evidence not `well authenticated' 'or `well knitted' from any angle-Recovery of dead body of deceased at pointing of accused, however, established beyond doubt-Conviction under S. 302, P. P. C. set aside while that sander S. 201, P. P. C., maintained, in circumstances of case.-[Evidence]. Dates of hearing: 6th and 7th August, 1979.                                                                                                              JUDGMENT KARRAR HUSSAIN ZAIDI, J.-Muhammad Boota has been convicted of offences under section 302/201, P. P. C. by the learned Additional Sessions Judge, Sialkot, by his judgment dated 29-3-1978 and has been sentenced to death and fine of Rs. 2,000 or in default of payment of fine to undergo one year further rigorous imprisonment. The sentence of death was however subject to confirmation by this Court. The appellant/convict has…