Law: Criminal Procedure Code (V of 1898)

Section: 417

Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal Procedure Code (V of 1898) S. 417-Appeal against acquittal-Ocular evidence not worthy of credence and not corroborated by motive or evidence of recoveries --Existence of medical evidence of no significance-Prosecution failing to prove its case beyond reasonable doubt-Accused, held, rightly acquitted by trial Court. (b) Penal Code (XLV of 1860) S. 302-Murder-Motive-Motive, held, not always a condition precedent for conviction on capital charge but once set up burden lies on prosecution to prove same.-[Motive-Burden of proof]. Motive is not always' a condition precedent for conviction on a capital charge because of the existence of motiveless murder and murders wantonly committed with mysteriously hidden motive, but it is well settled that once the prosecution sets up a particular motive then onus lies on it to prove it. The factum of its non-proof or having it proved false, throws shadow of doubt on the entire prosecution version and the Court has to scrutinise the remaining evidence more cautiously. Date of hearing : 29th September, 1979.                                                                                                                                              JUDGMENT MANZGOR HUSSAIN SIAL, J.-Mohammad Afzal 40, Sardar Bahadur (45), Ajmal alias Khaja (27), Faqir Hussain (51) and Faqir Mohammad (40) were tried under sections 302, 148 and 149, P. P. C. by the Additional Sessions Judge. Attock (Campbellpur) for committing rioting and in prosecution of their common object causing the murder of Mohammad Bashir. Faqir Mohammad accused could not survive the trial and died before the announcement of judgment. The learned trial Judge vide his judgment dated 13thMarch, 1970 acquitted all the accused. The State assailed the order of their acquittal by means of the present appeal, while the…