Law: Penal Code (XLV of 1860)

Section: 307

Penal Code (XLV of 1860) S. 307---Attempted murder-Benefit of doubt-Possibility that prosecution witness sustained pistol shot injuries during struggle with accused---question whether accused really fired pistol shots for purpose of private defence or if pistol accidentally went off, remaining doubtful--Benefit of doubt, held, must go to accused-Conviction and sentence, set aside, in circumstances. Date of hearing: 12th July 1973.                                                                                                                                JUDGMENT The appellant in this case, who was Head Constable of Police was married to one Gul Zarin, who is a sister of prosecution witness Ovais Khan, who is the injured person in this chase. Besides Ovais Khan, she had two other brothers, namely, Benaras Khan and Khushhal Khan the first of whom has been examined as a witness in this case. The evidence of the prosecution is to the effect that the three brothers resided in Bhutta village and at a little distance from them resided the appellant Abdul Nabi with of course Gul Zarin, his wife, and sister of the three brothers. The marriage had taken place about 2 years before the incident but a little before the actual occurrence it would seem that there was some disagreement between husband and wife and upon the day in question that is to say the 15th of April 1970, according to the prosecution the appellant beat his wife Gut Zarin, who came to the house of her brothers at about 8 a. m. and complained of this. On hearing the injured Ovais Khan went outside the house and he was followed by the witness Benaras Khan. In the meantime the appellant also came out from his house and it is said that upon seeing Ovais Khan he took out his pistol and fired two shots at him. This pistol it might be mentioned is a licensed pistol although it is not one given to…