Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1866) S. 302-Murder-Accused convicted on basis of recovery and, exculpatory statement of co-accused--Co-amused acquitted- Evidence of recovery doubtful-Accused could not be convicted on basis of exculpatory statement made by acquitted co-accused.             Sher Gul v. Emperor A I R 1935 Lah. 671 rel.             Date of hearing: 23rd January 1973.                                                                                                                         JUDGMENT MUSHTAQ HUSSAIN, J.--Muhammad Bakhsh, son of Wassan, aged 28 years and Mst. Bahar widow of Faizu deceased, aged 45 years, have been convicted under, section 302/34, P. P. C. for: having murdered Fair Bakhsh, husband of the latter, of the night between 29/30-3-1970 in Kasba Muhammad Pur in the house of the deceased at, past mid-night. By order dated 18-9-1971, the Additional Sessions Judge, Dera Ghazi Khan, sentenced both the appellants to death. By the same order, Mst. Amiran wife of Abdul Rashid and daughter of MO. Bahar, aged about 18 years was acquitted of the same charge. F. I. R. (Exh. P. A.) was lodged by Abdul Ghafoor (P. W. 7) at Police Post Muhammad Pur at about 3 a.m. on 30-3-1970 and was recorded by Ashiq Muhammad A. S. I. (P. W. 12). The formal F. I. R. (Exh. P. A/1) was recorded on its basis on the same day at 4 a.m. at Police Station Jampur by one Ahmed Bakhsh, A. S. I. They have filed an appeal against their conviction and- sentence and the case is also before us under section 374 of the Criminal Procedure Code for confirmation of the sentence of death. The facts of the prosecution case as disclosed in the F. I. R. are that Mst. Bahar wife of Faizu is a wayward woman. She had developed an illicit liaison with Muhammad Bakhsh appellant who belongs…