Law: Penal Code (XLV of 1860)

Section: 304

Penal Code (XLV of 1860) S. 304-Benefit of doubt-Evidence of main eye-witnesses weak and doubtful--One eye-witness although injured yet her medico-legal report not exhibited nor doctor produced as witness-Delay in lodging first information report not explained-Stones thrown by parties at each other---Possibility of deceased receiving injury by stones-Case doubtful-Accused given benefit of doubt and acquitted. Dates of hearing: 26th February and 14th March 1973.                                                                                                                         JUDGMENT Manga Khan son of Raja Khan, aged 61 years, Rajput by caste, resident of Dhok Bangial Dakhli Choha Khalsa, Tehsil Kahuta, District Rawalpindi, was tried along with his brothers Dadan Khan, Muhammad Fazal Muhammad and Yaqoob son-in-law of Dadan Khan, for the murder of Muhammad Fazil son of Allah Ditta, his co-villager, by the Additional Ses sions Judge, Rawalpindi. The trial Court acquitted Dadan Khan, Muhammad Fazal and Muhammad Yaqoob but convicted Manga Khan under section 304, P. P. C. and sentenced him to a term of seven years' rigorous imprisonment and a fine of Rs. 3,000, in default of payment of fine to further undergo rigorous imprisonment for a period of one year. The convict has filed this appeal. Abdul Khaliq complainant has also filed Criminal Revision No. 586 of 1972, in which he has prayed that the conviction of the appellant be altered to one under section 302, P. P. C. and sentence enhanced to death and the acquitted accused be also convicted under section 302, P. P. C. and sentenced accordingly. This judgment will dispose of both the appeal as well as the revision petition. 2. The first information report (Exh. P. A./1) in this case was recorded by Nusrutullah, Sub-Inspector (P. W. 15) on the 19th of March 1970 (10th of Muharrim) while he was present in the office…