Law: Penal Code (XLV of 1860)

Section: 302

  Penal Code (XLV of 1860)  S. 302-Benefit of doubt--Previous litigation over land and hostility between deceased's and accused's family -- First informant not an eye-witness of occurrence-Witnesses for prosecu tion inter-related and merely chance witnesses with no convincing reason for being present at scene of occurrence---Oral testimony of prosecution witnesses not corroborated by anything in shape of recovery of blood-stained clothes or weapon of offence Prosecution story also inherently defective-Accused-appellants given benefit of doubt and acquitted. Dates of hearing: 21st, 29th and 30th June 1972.                                                                                                               JUDGMENT ASLAM RIAZ HUSSAIN, J.-Yousaf Khan, aged 60 years and, his brother Muhammad Imran, aged 39 years, Pathans by caste, Zamindars of village Jalalia, Police Station Hazro, District Attock, were tried by the learned Sessions Judge, Campbellpur, for the murder of their co-villager Mir Afsar. The learned trial Judge vide his judgment dated 21-1-1970, found both the accused persons guilty of the said offence and convicted them under section 302/34, P. P. C. He sentenced both of them to death. They have filed an appeal against their conviction and sentence. The matter has also been referred to us under section 374, Cr. P. C., for the confirmation of the death sentence awarded to the appellants. We propose to dispose of both the appeal as well as the reference by a single judgment. 2. The facts of the case as stated in the F. I. R. briefly, are that about months prior to the occurrence Fazal Khan, the mother's father of the deceased, who resided in Malaya, died leaving some landed property in village Jalalia and village Alu. The entire property was mutated in the name of his wife Mst. Saber Jan (Mother's mother i.e. Nani of the deceased). About 6 or 7 years…