Law: Penal Code (XLV of 1860)

Section: 302, 34

  (a) Criminal trial             Evidence-Appreciation of-Oral evidence regarding description of injury and range of shot contradicted lay medical evidence-Medical evidence, held, to lye preferred, in circumstance. Khurdo v. State P L D 1963 Kar. 92; Thoba v. State P L D 1963 S C 40 and Muhammad Iqbal v. State 1969 P Cr. L J 187 rel. (b) Criminal triaL --Murder case-Benefit of doubt-Benefit of doubt arising on any material point-Must be given to accused. Adalat v. Crown P L D 1956 F C 171 rel. (c) Penal Code (XLV of 1860) S. 302/34---Murder-Benefit of doubt-Murder taking place sit broad daylight on a thoroughfare flanked by inhabited houses loot no independent person turning up to witness occurrence hart only three persons interested in deceased cited by prosecution as eye-witnesses of occurrence-Story disclosed by such witnesses not ringing truth nor motive for offence convincing--Ocular evidence also contradicted by medical evidence-Prosecution, held, failed to prove its case beyond reasonable doubt-Convictions and sentences set aside, in circumstances. Lakhmir v. State P L D 1968 Quetta, 7 and Rasher Ahmad v. Muhammad Azam and another P L D 1969 S C 469 ref. Date of hearing: 19th March 1973.                                                                                                                        JUDGMENT ASLAM RIAZ HUSSAIN, J.- Muhammad Iqbal aged 21 years ad his father Bashir Ahmad aged 65 years were tried by the learned Sessions Judge, Layallpur, for causing the death of Muti-ur-Rasool. They were found guilty of an, offence under section 302/14, P. P. C. The learned trial Judge sentenced each of them to death. They have filed a joint appeal against their conviction and sentences. The matter is also before us for confirmation of the death sentence awarded to them. We propose to dispose of…