Law: Criminal Procedure Code (V of 1898)

Section: 410

Law: Penal Code (XLV of 1860)

Section: 302

Criminal Procedure Code (V of 1898) S. 410 read with Penal Code (XLV of 1860), S. 302- Appeal (criminal) --- Murder --- Evidence, appreciation of---Benefit of doubt --- Ocular testimony consisting of highly interested witnesses and full of contradictions --- Corroboratory evidence of recovery of weapons of offences highly doubtful- Prosecution, held, failed to prove its case beyond reasonable doubt --- Accused given benefit of doubt and acquitted in circum---stances.-[Benefit of doubt]. Dates of hearing: 25th November, 1979 ; 5th and 6th February, 1980.                                                                                                                                                                 JUDGMENT GHAUS ALI SHAH, J.-----This appeal under section 410, Cr. P. C., is directed against the judgment, dated 27th June, 1977 of the learned Additional Sessions Judge, Larkana, whereby, he convicted the appellants under section 302, P. P. C. and sentenced each one of them to imprisonment for life and also to pay a fine of Rs. 1,000 each and in default of payment of fine to suffer further R.I. for one year. It was also ordered that the fine if paid be given to the heirs of the deceased. 2. The facts of the prosecution case are that the complainant Nek Mohammad son of Mohammad Mithal, by caste Lukk, resident of Jiand Lukk, Taluka Miro Khan of District Larkana, lodged his F. I. R. on 27th October, 1974 at 9 p.m. at Police Station, Miro Khan which reads as under:-- "I have got four sons. We all live together at the same house. Mohammad Mithal is my eldest son. This year we have taken lease of 29 "jareebs" of land in Deh Jiand, from Piral Jamali. It is cultivated by Muhammad Suleman Langah. Today in the morning, Muhammad Suleman came arid informed…