Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Two important eye-witnesses not supporting prosecution case-Report of serologist not forthcoming-Prosecution failing to prove case against appellant-Appeal allowed and appel lant acquitted. Date of hearing: 30th January, 1980.                                                                                                                                                          JUDGMENT Muhammad Afzal son of Ghulam Sarwar was tried for the murder of Piran Ditta, by the Additional Sessions Judge, Sargodha. The trial Judge by his judgment dated 6th November, 1977 found the accused guilty, con victed him accordingly and sentenced him to life imprisonment and a fine of Rs. 5,000; in default to undergo three years' R. I. Fine, if recovered was to be paid to the wife and daughter of the deceased, as compensa tion. The convict has filed this appeal against the judgment of the trial Court. 2. The occurrence took place on the night between 16th/17thJuly, 1975, in the area of Chak No. 7/N. B. situated at a distance of seven miles from Police Station, Bhalwal. First information report Exh. P. E. was lodged by Nawab Khan (P. W. 9) on 17thJuly, 1975, at 4-30 a. m. at Police Station, Bhalwal, which was recorded by Mehr Khan A. S. I. (P. W. 6). According to the prosecution, the deceased Piran Ditta was a domestic servant of Ghulam Sarwar, father of the accused. During that period, it is alleged that the accused developed illicit relations with Mst. Manzooran daughter of the deceased. Piran Ditta left the service of Ghulam Sarwar and came to the Dera of Nawab Khan P. W., where he started cultivating his land. Nevertheless, the accused used to visit off and on his beloved Mst. Manzooran. Four or five days prior to the occurrence, Piran Ditta turned out…