Law: Penal Code (XLV of 1860)

Section: 302

(a) Criminal trial  Identification-Identification of a person from a distance of 70 feet, even in clearest moon, held, impossible. (b) Criminal trial Recovery-Mere recovery of firearm, held, not sufficient for conviction-Penal Code (XLV of 1860), S. 302. Dates of hearing : 27th and 28th August 1974.                                                                                                                      JUDGMENT Muzffar appellant has filed this appeal to challenge his conviction under section 302, P. P. C. by the Sessions Judge, Lyallpur (vide his order dated the 13th December, 1972), for the murder of one Habib in Chak No. 566/GB, police Station Lundianwala, and his sentence of imprisonment for life. 2. The occurrence took place on the 26th February, 1972 at 10-30 p. m. The prosecution story is that the appellant suspected illicit connec tions between his sister Mst. Haleema and the deceased. On the date of occurrence the deceased knocked the door of his own house. At that time the appellant came therewith a .12 bore pistol and fired at the deceased. In response to the knock by the deceased, his brother Muhammad Amir (P. W. 8) opened the door. At that time Allah Diwaya (P W. 10) a cousin sister's husband of Muhammad Amir was also present. Both of them saw the occurrence. Muhammad Anwar (P.W. 9) saw the occurrence from a distance. 3. Habib was placed on a cot and was taken to the house where he died. Muhammad Amir learnt that the police was present in Chak No. 563 G B which is at a distance of 2 or 3 miles from the place of occurrence. Muhammad Amir went to that village and gave the first information report (Exh. P. A) at 1-30 a. m. on that very night. 4. The autopsy was conducted by Dr. Ahmed Saeed (P. W. 1) on the 27th February, 1972, at 3-00 p. m. He found the following injuries on his person:- (1) A firearm wound of entry 3/8'' x…