Law: Penal Code (XLV of 1860)

Section: 302

Penal Code (XLV of 1860) S. 302-Murder-Evidence, evaluation of-Benefit of doubt ---Admittedly parties having an existing enmity and prosecution witnesses interested and partisan yet no independent corroboration available to testimony of such witnesses-Medical evidence also not corroborating qua accused nor lending support as regards identity of assailants-No independent person joined as mashir of recovery of alleged crime weapons-Prosecution, held, failed to produce satisfactory and conclusive evidence to connect accused with commis sion of crime-Accused given benefit of doubt and acquitted, in circumstances.-[Evidence]. Date of hearing : 26th January, 1981.                                                                                                                        JUDGMENT Three appellants named above and their two co-accused who have been acquitted, were tried for offences under sections 302, 324, 323/149 and 148, P. P.C. by learned Second Additional Sessions Judge, Larkana, who has vide his judgment dated 18th April 1979 convicted the appellants for offences under sections 302, 324 and 323/34, P.P.C. and sentenced them to life imprisonment and a fine of Rs. 1,000 each in default R. I. for six months on first count and sentenced appellants Arbab and Hidayatullah to 'R. I. for two months each on second and third counts. Co-accused namely Ayoob son of Rasul Bux and Abdul Ghani have been acquitted. By short order on 26th January 1981, I had allowed the appeal for reasons to be recorded later, which follow now. Shortly stated prosecution story is that about two years before the incident in this case one Abdul Rehman, a relative as appellant Hidayatullah was murdered and in that case Ali Akbar and Hussain Bux brothers of Wazir deceased in this case had been taken in custody and were in jail at the time when incident in this case took place. On 20th August…