Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal trial Evidence of recovery, appreciation of Delay, effect of-Blood stained articles sent to Chemical Examiner after about 3 months of actual recovery and report furnished by Chemical Examiner after over 6 months without any justification or explanation for such long delay-Evidence of recovery, held, lost value, in circumstances. [Recovery]. Muhammad Saleem v. The State 1968 P Cr. L J 538 and Gulzar and others v. The State 1976 P Cr. L J 419 ref. (b) Penal Code (XLV of 1860) S. 302-Murder-Evidence, appreciation of -Testimony of alleged solitary eye-witnesses not confidence inspiring-Version given by such witness in F. I. R. different from her version given before trial Court respecting alleged motive for crime-Prosecution giving up best evidence of a witness working in his fields close-by-Evidence against accused, held, not being free from doubt, his conviction and sentence set aside, in circumstances.-[Evidence]. Date of hearing: 23rd June., 1980.                                                                                                                                                   JUDGMENT B. G. N. KAZI, J.---Guloo alias Gul Hassan son of Bukhsho Mochi, who was tried for murder of Dattar Dino by the Second Additional Sessions Judge Larkana, and convicted under section 302, P.P.C. to imprisonment for life and fine of Rs. 2,000 and in default of payment of fine to suffer further R.I, for six months has filed this appeal against the conviction and sentence, from Jail. 2, It may be stated at the very outset that the learned Additional Sessions judge has not given adequate reasons for awarding the lesser penalty inasmuch as it is merely stated that he is awarding lesser penalty looking to the circumstances of the case and age of the accused. The age of the accused is stated by him in…