Law:

Section:

(a) Criminal trial- - Motive, effect of-Motive once set up by prosecution-Onus lies on it to prove same-Factum of its non-proof or having proved false, held, throws shadow of doubt on entire prosecution version and duty cast on Court to scrutinize evidence with more care and caution .­[Burden of proof-Motive]. (b) Penal Code Law (XLV of 1860)- S.302-Murder-Evidence, appreciation of-Benefit of doubt ­Prosecution leading no direct evidence against accused and relying solely on circumstantial evidence comprising "last seen evidence", medical evidence, evidence of motive and recovery of incriminating articles ­Complainant and prosecution witnesses not laying information before Police for over 4 months, for having seen deceased last with accused nor making statement immediately after contact by Police, a day prior to recovery of dead body-Dead body not identifiable from bones recovered at instance of accused but identified on basis of clothes of deceased-Clothes however of common type and complainant and his son giving no description of clothes last worn by deceased-Motive as set up by prosecution also not proved-Accused given benefit of doubt and acquitted, in circumstances.-[Benefit of doubt]. Abdus Samad v. The State P L D 1964 S C 167 and Allah Ditto v. The State 1968 S C M R 378 distinguished. JUDGMENT MANZOOR HUSSAIN SIAL, J.-Mansha son of Thiraj and his brother Jagga were tried for the murder of Muzammal Hussain son of Rustam Ali by the learned Additional Sessions Judge, Sheikhupura. The learned trial Judge vide his judgment dated 4th June, 1979, acquitted Jagga accused, but convicted . Mansha under sections 302/3641201, P. P. C. He was sentenced under sec­tion 302, P. P. C. to death and a fine of Rs. 10,000 or in default to suffer rigorous imprisonment for two years. He was also sentenced under section 364, P. P. C. to R. I. for seven years and under section 201, P. P. C. to R.1. for three years. The amount of fine, if realised, was directed to be paid as compensation` to the heirs of Muzammal Hussain deceased. 2. The condemned person challenged his conviction and sentences in appeal and the case is also before us on reference under section 374, Cr. P. C.…

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