Law:

Section:

Penal Code (XLV of 1860)---S. 302-[Murder-case]-Prosecution witnesses not supporting pro­secution version about motive but tending to support defence­ Statement of investigator not reconciling with that of recovery witnesses-Evidence of recoveries and extra-Judicial confession like ­Courts below not appearing to have given due attention to such features-Accepted principles of appreciation of evidence not leading to inference of guilt-Prosecution, held, failed to prove charge ­Conviction and sentence set aside.-[Evidence]. JUDGMENT MUHAMMAD AFZAL ZULLAH, J. These two appeals by two convicts in a murder case, are being disposed of together. They were convicted and awarded sentences of death and fine for the murder of the husband of Mst. Naima Jan appellant. Their appeals were dismissed by a Division Bench of tae Lahore High Court, on 5-11-1975. The sentences were confirmed. They were allowed special leave to appeal to examine "the unsatisfactory features in the case". It was an unwitnessed crime. The dead body of Adam Khan who was brother of Farman appellant and husband of Mst. Naima Jan appellant was found in a ravine a few miles away from his house. Qalander Khan P. W, a Zamindar and co-villager of the appellants lodged the F. I. R. Exh. PA on 24-3-1973. It disclosed that there were legature marks on the neck of the deceased. The appellants were suspected of having committed the murder because they had an illicit liaison and wanted to remove the deceased from their way. It was also mentioned in the F. I. R. that the deceased wanted to migrate to another place so as to avoid the scandal. He had for that purpose entered into an agreement of sale of his land with Dilawar Khan P. W. and had obtained Rs. 2,000 as earnest money, some days earlier. During the investigation the appellants allegedly made extra-judicial confessions before Qalandar Khan P. W. on 25-3-1973. He produced them before the police on 27-3-1973. After their arrest Farman appellant is said to have led to recovery of blood-stained string (rasi). Blood-stained earth was taken from a manger in the house of the deceased. The origin of blood, on chemical analysis, was discovered as human. At the trial…

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