Law: Penal Code (XLV of 1860)

Section: 302

Law: Constitution of Pakistan 1973

Section: 185(3)

Penal Code (XLV of 1866) S. 302-[Murder-case]-Reversal of acquittal by High Court Appreciation of evidence-Benefit of doubt-Prosecution case resting on ocular testimony of deceased's widow and uncle and circumstantial evidence of accused's abscondence---Statements of eye-witnesses discrepant with each other-Deceased's uncle's statement not believed even by High Court and claim of other witness, deceased's widow as to her having accompanied deceased at time of incident not believed by trial Judge for several reasons-Reasons prevailing with trial Judge in disbelieving prosecution evidence quite cogent and his view as to failure of prosecution to bring home charge to accused and prosecution evidence being full of doubts and suspicion having basis benefit of doubt granted to accused, held, stood fortified by his acquittal by trial Judge and its reversal into conviction by High Court just because of another view of prosecution case being more probable Dot justified in circumstances of case--Constitution of Pakistan (1973), Art.185(3). Date of hearing : 3rd June 1980.                                                                                                                 JULDGEMENT ABDUL KADIR SHAIKH, J.---This appeal is directed against the judgment of Peshawar High Court dated 30-5-1978 reversing the acquittal of the appellant on the charge of murder of Khana Mir and sentencing him under section 302, P. P. C. to life imprisonment and fine of Rs. 6,000 or in default to undergo further R. I. for 6 months. The fine, if realised was directed to be paid to the widow of the deceased as compensation. The incident occurred in Village Karbogha on 5-3-1972 at Pesheen Qaza time, and the report was recorded in the Village itself at 445 p.m. by Fa.al Hussain S. I. who was said to be on patrol duty there. According to the version of the incident given by Zarnama widow of the…