Law: Penal Code (XLV of 1860)

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 288, 342

Penal Code (XLV of 1860) S. 302---Murder-Evidence-Corroboration-Prosecution witnesses resiling from their earlier statements at trial and conviction based on evidence recorded during enquiry-Prosecution establishing neither alleged motive for murder nor identity of assailant Medical evidence also belying prosecution witnesses claiming to have awakened on hearing outcries of deceased-Statements transferred under S. 288, c r. P. C., held, could not be accepted without corroboration Mere abscondence of accused after occurrence, such abscondence not having been put to accused in his examination under S. 342, Cr. P. C., held further, could not be relied upon as a piece of corroborative evidence-Conviction and sentence set aside, in circumstances Criminal Procedure Code (V of 1898), S. 288/342. Date of hearing : 20th December 1972.                                                                                                                           JUDGMENT Farman Ali son of Fazal Din, caste Rajput, aged 25 years, was con victed under section 302, P. P. C. and sentenced to transportation for life on 19th January 1970, by Sardar Muhammad Abdul Ghafoor Khan Lodhi, then Sessions Judge, Multan, for committing the murder of his father on the night between 3rd and 4th of November 1968, while asleep in one of the rooms of his house in Jahanian. 2. The prosecution case in brief is that Farman Ali appellant, who was employed in the Army had come to his native place on two months' leave in September 1968, and negotiated his marriage with Mst. Bushra, the sister of Riaz of village Garb, District Lyallpur, in exchange for the hands of his own sister Mst. Azra for the latter which was disapproved by his father as he was against watta marriage resulting in exchange of hot words between them on the night between 3rd and 4th November 1968, after which they went to sleep but…