Law: Penal Code (XLV of 1860)

Section: 302, 34

  Penal Code (XLV of 1860) S. 302/34--Murder-Benefit of doubt--Prosecution case resting entirely on circumstantial evidence consisting of (i) motive; (ii) last seen evidence, (iii) recoveries of dead body and crime weapons and (iv) extra-judicial confession of accused -Testimony relating to recoveries of dead body and crime weapons as well as extra judicial confession not worthy of credit--Mere existence of motive to commit offence or last seen evidence-By itself not sufficient to form basis of conviction-Conviction and sentence, held, not maintainable and set aside, in circumstances. Date of hearing: 9th October 1973.                                                                                                                     JUDGMENT K. M. A. SAMDANI, J.-This judgment will dispose of Murder Reference No. 128 of 1971, Criminal Appeal No. 235 of 1971, and Criminal Appeal No. 576 of 1971; all arising from the judgment dated 9th March 1971, of Mr. Hassan Nawab Chaudhry, Additional Sessions Judge, Sargodha, whereby he convicted the appellant in Criminal Appeal No. 235, namely Ahmad Khan aged 43, under section 302, P. P. C. and sentenced him to death for the murder of his younger brother Ghulam Hussain aged 25 while acquitting Haq Nawaz and Muhammad Akbar, respondents in Criminal Appeal No. 516, who bad been tried along with Ahmad Khan appellant on the same charge. Criminal Appeal No. 576 is by the State against the acquittal of the said respondents. Needless to say that Criminal Appeal No. 235 is directed against the conviction and sentence of Ahmad Khan appellant while the reference is under section 374, Cr. P. C. for the confirmation of the sentence of death. 2. The prosecution case is as follows:- Ahmad Khan appellant sought the band of Mst. Shahran P. W. in marriage but was turned down by her father. She was then married by her father to Ghulam Hussain deceased,…