Law:

Section:

  Benefit of doubt----Identity of accused not established beyond reasonable doubt-Benefit of doubt given to accused.   Date of hearing : 30th August 1965.   JUDGMENT   Appellant Muhammad Bux son of Muhammad Murad together with two others, who are admittedly his cousins, namely, Karim Bux son of Khudadad and Ghulam Rasool son of Khudadad, being brothers inter se, were convicted by the learned Sessions Judge, Jacobabad on the 14th of October 1964 under section 436 read with section 34, P. P. C. and each sentenced to four years' R. I. in addition to a fine of Rs. 300 In default of payment of fine, each of the appellants was to suffer further R. I. for six months. The learned Sessions Judge also ordered that the fine, if recovered be paid as compensation in equal shares to prosecution witnesses Jani, Baghali and Tiloo.   The incident in the present case is alleged to have taken place in the early hours ofthe morning of the 9th of April 1964 when that Khan Muhammad, the first informant, sleeping in his house was called out by the appellant and his two cousins and inquiries made from him of the whereabouts of Baghali. This Baghali is a brother of khan Muhammad, Jani and Tiloo and the prosecution case is that Baghali had illicit connections with Mst. Ranhdi wife of one Aziz: a cousin of the appellant and his two co-accused. When Khan Muhammad informed the three accused that Baghali was not available at home, the prosecution case is that all the three accused who were armed with hatchets, set fire to the house of the complainant's brothers Jani, Tiloo and Baghali who lived together. After the house was sufficiently ablaze, and cries were raised which attracted the attention of Noordin, a maternal uncle of the complainant Khan Muhammad, the accused took to their heels from the scene. After they had done so, an attempt was made to bring the fire under control, but only the lives of the inmates and their livestock was saved, the rest of the belongings being completely destroyed. Thereafter, Khan Muhammad complained to the nekmard Ghousbux, and then proceeded to the Buxapur Police Station where he lodged his F. I. R. at about 9 a.m. the…