Law:

Section:

Penal Code (XLV of 1860)-S. 302-[Murder-case]-Appreciation of evidence-Out of four pro­secution eye-witnesses two not supporting prosecution case-Respec­tive claims set up by two prosecution witnesses supporting prosecution case not only contradicted by each other but also wholly unreliable ­Prosecution evidence as to recovery of knife allegedly secured at instance of accused not believed by Sessions Court for cogent reason of weapon having not been proved to be stained with blood also for reason of one mashir having not correctly picked out knife said to have been produced by accused-Both mashirs brothers inter se and relatives of prosecution witnesses-Mashirs also not residents of locality-Motive for crime rightly disbelieved by Sessions Court-Evidence led by prosecution in support of charge, held, thoroughly unsafe basis upon which his guilt could be rested and accused entitled to acquittal. JUDGMENT ABDUL KADM SHAIKH, J.-This appeal, by Special Leave, is directed against the judgment of Sind High Court dated 14th February, 1970 by which appellant's conviction under section 302, P. P. C. and sentence of life imprion­ment and fine of Rs. 2,000 recorded by the Sessions Judge, Hyderabad were confirmed and his appeal,, was dismissed. According to the prosecution, appellant had detained a married woman belonging to the caste of Manzoor (deceased), and on this account Manzoor had remonstrated with him which led to the incident in the present case at noontime on 10th May, 1976 in front of building known as Baitul Fayyaz on Massat Road, Hyderabad. At that time, appellant was standing under the shadow of a tree and when Manzoor passed by, appellant called him and there was exchange of abuses between them during which appellant took out a knife from the folds of his trousers and struck blows on Manzoor as a result of which the victim fell down and died on the spot. The incident was witnessed by Khair Muhammad, Muhammad Siddique, Khadim Hussain and Muhammad Younis but they did not intervene as the assailants were armed with a knife. Afterwards Khair Muhammad went to inform his brother Khamiso, father of the deceased, who came to the spot. In the meantime Mr. Victor, A.…

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