Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Facts as mentioned in F. I. R. materially improved upon at trial by its maker and by other prosecution wit nesses-Prosecution witnesses partisan and having grouse to implicate accused falsely in case-Explosion although caused by hand grenade yet none of prosecution witnesses claiming to be present in the room receiving any injury-Statement of Court-witness demo lishing whole prosecution case and supporting theory advanced by defence--Salient features of prosecution case rendering story highly improbable, and damaging credibility of prosecution witnesses- Conviction and sentence set aside, in circumstances. Date of hearing t 29th October 1972.                                                                                                                   JUDGMENT MUSHTAQ HUSSAIN, J.- Muhammad Anwar, aged 50 years, a shop keeper of village Bokrra, has been convicted under section 302 of the Pakistan Penal Code for the murder of Khan Mohammad Rajput on 15th January 1969 in Dhok Subhani and sentenced to death by the learned Additional Sessions Judge, Rawalpindi, by leis order dated 2nd February 1970. By the same order he was also convicted under section 307, P. P. C. for murderous assault on Mohammad Fazal (P. W. 15), Liaqat Hussain (C. W. 1) (son of Fazal) and. Liaqat (son of Fida Hussain) another eye-witness who was not produced and was given up. He has filed an appeal against his conviction and sentence and the case is also before us for confirmation of the death sentence under section 374 of the Cr. P. C. 2. The prosecution story as unfolded in the F. I. R. (Exh. P. H.) on the statement of Amir Zaman (P. W. 14) which form the basis of formal first information report (Exh. P. H/1) is as follows:- The daughter of the appellant Mat. Arshad Begum was married 7/8 years before the incident to Mohammad Akram (P. W. 19). Two off-springs were the…