Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder----Evidence, appreciation of--Benefit of doubt --Accused a single-handed handicapped man, not in a position to wield crime hatchet and inflict as many as 13 wounds on deceased-Loca tion of injuries and contents of stomach, intestines and bladder mak ing it quite probable of deceased being killed in lying position before he got up and set off for his daily business-No independent witness, other than those disbelieved in respect of main case, produced to prove red-handed capture of accused and recoveries of incriminating articles from him--Possibility of occurrence being unwitnessed and earlier in time than alleged, appearing to be quite consistent with facts of case-Accused given benefit of doubt and acquitted, in circumstances.-[Benefit of doubt]. Date of hearing: 19thNovember, 1977.                                                                                                                 JUDGMENT ABDUL SHAKURUL SALAM, J.-This order will dispose of Murder Reference No. 177 of 1976 and Criminal Appeal No. 1140 of 1975 as these are connected matters. 2. Prosecution case in brief is that on 19th May, 1973 in the morning while complainant Attaullah P. W. 7 was hoeing in his field, his brother Mohammad Ashraf (deceased) came there and sat down to milk the buffalo facing south. Riasat Ali (appellant) came with a hatchet in his hand from the north and attacked Mohammad Ashraf with the hatchet. The later fell down, He was given hatchet blows repeatedly on the face, head and neck by the appellant. The occurrence was witnessed besides the complainant by Mahmood Ali, P. W. 8 and Abdul Salam P. W. 9. The witnesses caught hold of the appellant alongwith the blood-stained hatchet. The injured Mohammad Ashraf died on the spot. The motive was that Mohammad Ashraf was married to Mst. Khurshid Begum daughter of Ahmad Khan three years earlier but Riasat Ali and…