Law: Penal Code (XLV of 1860)

Section: 304

Penal Code (XLV of 1860) S. 304, Part II-[Murder-case]-Appreciation of evidence-Ocular evidence furnished by two prosecution witnesses-Partisan and interest ed in character-Prosecution proved to have implicated a totally innocent person along with accused respondent-Motive as alleged hardly sufficient to burden accused with commission of crime in fact if any body aggrieved same could be complainant party and riot accused-Recovery of blood-stained knife not reliable not only because of recovery witnesses having not appeared to support same but also because of place of recovery being accessible to general public-Recovery memo also found to be fabricated-Dying statement of victim rightly discarded because of different versions having been given by Doctor and Naib-Tehsildar, a Third Class Magistrate, not even competent to record same-Question raised pertaining purely to appreciation of evidence and judgment of acquittal recorded by High Court not resulting in gross miscarriage of justice appeal, held, must fail. Date of hearing : 4th February, 1981.                                                                                                                                        JUDGMENT NASIM HASAN SHAH, J.-This appeal by special leave to appeal is directed against the judgment dated 12-5-1976 passed by a learned Single Judge of the Lahore High Court, whereby the appeal of respondent No. 1 against the judgment of the Sessions Judge, Campbellpur was accepted and he was acquitted of the charge under section 304, Part 11, P. P. C. The relevant facts are that the incident took place at late peshiwela on 16-1-1977 (Eid day) in the area of village Bhata, Tehsil Pindigheb. The deceased Umar Hayat himself lodged the F.I. R. at Makhad Police Station at 8 p.m. the same evening. The prosecution case, briefly, was that on the day of…