Law: Penal Code (XLV of 1860)

Section:

(a) Witness----   ----Credibility of witness not divisible-Conviction cannot be based on same evidence of solitary witness believed against one accused and disbelieved against another-Penal Code (XLV of 1860), S. 302.   (b) Witness-----   ---Eye-witness-Evidence disbelieved-Recovery of incriminating article (crime weapon) does not by itself prove prosecution case-Penal Code (XLV of 1860), S. 302.   Dhunde v. The Crown I L R 16 Lah. 995 ref.   JUDGMENT   BASHIR-UD-DIN AHMAD, J.-Yousuf (25) and his uncle Nawab Din (30) were tried under section 302/34, P. P. C. for the murder of Muhammad Arvin in furtherance of their common intention on the 4th October 1961, at Dera Tibbiwala in village Jatri Kohna and under section 323/34, P. P. C. for causing simple hurt with a blunt weapon to Mst. Fazal Bibi during the course of the same transaction. The learned Additional Sessions Judge, Lahore at Sheikhupura, who tried them, acquitted Nawab Din on both the counts, but convicted Yusuf under section 302, P. P. C for the murder of Muhammad Amin to suffer death. Yusuf was acquitted of the charge under section 323/34, P. P. C. The con demned person has appealed and the case is also before us under section 374, Cr. P. Code, for confirmation of sentence of death. We propose to dispose of the appeal and the reference for confirmation of death sentence by a single judgment.   The story for the prosecution, briefly narrated, is that Yusuf and Muhammad Aminwere friends and they courted Mst. Hamidan, with whom they had illicit relations. Four months before the occurrence under consideration, Muhammad Amin took some green fodder from Yusuf appellant as a loan and later on gave an equal area in which his fodder was growing to Yusuf, but the later considered that he had not been amply repaid and their relations became strained on that account.   On the 4th October 1961, at midday, the deceased took his cattle to the hand-pumpof Husain Bakhsh for watering. One of the bullacks strayed to the manger of Yusuf appellant. Rashid, a cousin of the deceased, who was preset al the water pump was sent by Muhammad Amin to bring back the animal, but Yusuf and his…