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 (XL V of 1860), S. 302-Murder- Appeal (criminal) -Benefit of doubt-F.I.R. lodged rather late leaving time for consultation before making report-Prosecution witnesses not only related inter se and also with deceased but also having motive to falsely implicate accused due to old blood-feud-Testi mony of such witnesses finding no corroboration either by direct evidence or even by circumstantial evidence of unimpeachable nature-Unsupported testimony interested or inimical witnesses, held, cannot be considered sufficient for conviction-Accused given benefit of doubt and acquitted, in circumstances.-[Benefit of doubt]. Thoba v. The State P L D 1963 S C 40; Khurshid Ahmed v. Kabool Ahmed and others P L D 1964 Kar. 356; Thanghai v. The State 1969 P Cr. L J 439; Ayo v. The State P L D 1967 Kar. 791; Rasool Bux and others v. The State 1976 P Cr. L J 301; Wall Muhammad and 2 others v. State P I. D 1978 Kar. 112 and Wali Muhammad v. State P L D 1980 Pesh. 250 ref. Date of hearing: 6th October, 1980.                                                                                                                                                       JUDGMENT B. G. N. KAZI, J.---Guloo son of Oghan Kharosh, who was tied for murder of Jalal son of Kauro Mugheri, by the Additional Sessions Judge, Shikarpur and convicted under section 302, P. P. C. read with section 34 and sentenced to imprisonment for life and to pay a fine of Rs. 1,000 or in default to undergo R. I. for the one year, has filed appeal under section 410. Cr. P. C. against the aforesaid conviction and sentence. 2. The prosecution case briefly stated is as under: 3. On 10th July 1976, at 22-00 hours Muhammad Bukhsh, son of Ahmad Ali Mugheri, resident of Jahan Wah, Taluka Shikarpur,…