Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860) S. 302 [murder ease]-First informant changing his version at trial to firing ocular testimony in accord with medical evidence-No reason disclosed for deceased visiting of first informant's house--Other prosecution witnesses closely related inter se F. I. R. lodged with colossal delay-Explanation for daily puce invention--Investi gating Officer visiting spot on third day of occurrence-Time of occurrence given in F. I. R. not appearing to be correct--Inquest deposit riot mentioning eye-witnesses as eye-witnesses arid appearing to have, been drawn sip earlier than F. I. R.--No corroborative evident on record to connect accused with offence-Recovery of alleged crime rifle not proved by parson alleged td hale helped in its recovery arid production before police-Recovery witnesses not independent--Several lambardars dad B. D. members available but not associated with recovery-Offence, held, not brought home to accused, in circumstances. Dates of hearing: 1st and 7th February 1973.                                                                                                                                                      JUDGMENT ATAULLAH SAJJAD, J.-This judgment shall dispose of Murder Reference No. 8 of 1971 and Criminal Appeals Nos. 753 of 1970 and 13 of 1971, the latter being against the conviction and sentence of the appellant under the `Arms Act. 2. Mansab Khan appellant has been convicted under section 302, P.P.C. by Ch. Ghulam Hussain, Sessions Judge, Sargodha, vide order dated 19th of October 1970, for the murder of Khan Muhammad in the area of Pan Pirha Dakhli Dhokli Police Station Ganjial, District Sargodah. 3. The occurrence took place on 19-2-1968 at 8 a. m. The first infor mation report Exh. P. C. was lodged by Khan Muhammad (P. W. 10) in the…