Law:

Section:

Penal Code (XLV of 1860)----S. 302-Benefit of doubt-Ocular testimony doubtful and fact about motive not corroborated by independent evidence--Occurrence taking place at night time and identity of accused not established--Being an unseen occurrence, accused given benefit of doubt and acquitted.-[Benefit of doubt]. JUDGMENT SHAH NAWAZ KHAN, J.-On the report of Raja son of Mir resident of Chak No. 430; Police Station Tandlianwala, District Lyallpur, which was made b0fore the Sub-Inspector in Tandlianwala town, but outside the police station, a case was registered in Police Station Tandlianwala on receipt of the Marasla Exh. P. B. from the Sub-Inspector, against Ahmad son of Bakhtawar resident of the same Chak and Khan 4on of Farid also of the same Chak under section 302, P. P. C. for causing the death of Sanata brother of Raja complainant. Raja had reported that after Isha Azan time he and his brother Sanata, deceased were returning from the Chak to their respective Dharis. He had a Baitri (torch) with him. He stopped at the Dhari of Haji Khushi Muhammad while his brother Sanata, deceased, proceeded towards his own Dhari. When Sanata deceased, reached Square No. 66 belonging to Ahmad son of Murad, he heard the cries of Sanata and then he heard the sound of Khur Khur. He then lit the torch and started towards that side. After travelling some distance, he saw in the light of the torch that Khan son of Farid was holding the deceased from behind and Ahmad son of Bakhtawar was stangulating the neck of Sanata with the help of cloth, which he had put around that. Raja raised alarm and on his noise Jahangir son of Fazil and Bala son of Farid, the first belonging to Tandlianwala and the second belonging to Chak No. 419, who were passing by the side, arrived. Sing them, Ahmad and Khan accused ran away. Sanata fell down on the ground and when they reached near Sanata, they found him dead. According to Raja Ahmad accused was interested in Mst. Khurshid wife of Sanata, deceased, and they bad developed illicit connections with each other. Sanata had prohibited Ahmad and Mst. Khurshid very strongly from meeting each other, but they continued keeping their illicit relationship.…

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