Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Evidence-Crime committed well before moonlight when there could be no possibility of moonlight and witnesses introducing existence of moonlight for first time at stage of trial to establish identity of assailants-Prosecution witnesses giving number of injuries received by deceased persons inconsistent with number of injuries found by doctor at time of post-mortem examination and also failing to explain blunt weapon injuries on persons of injured P. W. Injured eye-witness of occurrence in turn admitting at trial to have deposed as tutored by thanedar-Recoveries of crime weapons allegedly effected from accused persons not confidence-inspiring Prosecution witness producing accused along with their crime weapons before police given up as having been won over-.Nothing on record to connect either crime weapons or accused with crime-Conviction and sentences set aside, in circumstances.   Date of hearing: 9th July 1973.                                                                                                                         JUDGMENT K. M. A. SAMDANI, J.--On the night between the 19th and 20th of May 1968, Mst. Zenab and her husband Wali Muhammad were murdered and an attempt was made also on the life of Mst. Shaffan, a young daughter of the said Mst. Zenab. The matter was reported to the police by Chiragh a brother of Wali Muhammad, deceased, in which he accused four persons of committing the double murder and the attempted murder. They are Jan Muhammad 55, Muhammad Amin 22, Said 29, and Muhammad Siddique aged 80. After the investigation by the police all the four of them were committed to the Court of Session for trial. But the learned trial Court acquitted Siddique accused on the 31st of January 1970, and convicted the remaining three under sections 302 and 307, P. P. C. read with section 34 of the Code. For each…