Law: Penal Code (XLV of 1860)

Section: 364, 34

  Penal Code (XLV of 1860) S. 364/34-Abduction with intent to murder-Benefit of doubt-- Motive alleged for committing offence not made out-Two natural eye-witnesses of occurrence introducing improvements at various stages of trial and statements of child witnesses, appearing to be highly artificial-Link evidence in form of chance witnesses, extra -judicial confession and recovery showing an effort to fill in gap in prosecution story-Prosecution, held, failed to make out a case against accused persons beyond reasonable doubt-Accused given benefit of doubt and acquitted, in circumstances of case. Date of hearing: 18th January 1973.                                                                                                                           JUDGMENT Muhammad Hussain aged 50 years, his brother Muhammad Amin aged 40 years, their sister's husband Manna aged 45 years and Mst. Naziran wife of Muhammad Hussain have appealed against their conviction under section 364/34, P. P. C. and sentence of transportation for life. 2. The prosecution case in brief is that Mst. Nazir Begum, the deceased, was a daughter of Ghulam Mustafa P. W. 16 and had been married about 15/16 years before the occurrence to Akbar, who had died about six years before the occurrence. She had from Akbar a daughter Mst. Nargis aged about 11 years, Farooq P. W. 18 aged 9 years and Iqbal aged about 5 years. Akbar was the brother of the first two appellants and brother-in-law of the third. In spite of the death of Akbar Ali she had been living alongwith her children in the same Ihata in which the appellants lived i.e. at the place where her husband during leis lifetime lived. She also had certain land which provided her the sustenance. Muhammad Hussain had asked for the band of Mst. Nargis for his son. The deceased Mst. Nazir Begum had declined the propose because she intended to marry…