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(i) Criminal Trial-- —Murder-Offence of-Conviction for-Challenge to-According to eye¬ witnesses, occurrence took place some time after sun-set—Half of stomach of deceased was full of churned food meaning thereby that he had had meals about 2/2 hours before his death—Medical testimony points out occurrence having taken place 2/2^ hours after sun-set, which would be around 7-30/8.30 PM—Held: Medical evidence conflicts with ocular account as regards time of occurrence.           [Pp.l52153]B (ii) Criminal Trial- —Murder—Offence of—Conviction for—Challenge to—PW 7 admitted in cross-examination that he knew difference between pistol and revolver and that revolver did not eject an empty-In FIR both accused are stated to be armed with pistols but what was recovered from them, were revolvers-Probability  that witnesses had identified appellant having fired at deceased because of light flashed by torch, cannot safely be accepted-Held: It is unsafe to rely on ocular testimony which appears to be highly contradictory and discrepant in material particulars and cannot be safely accepted to convict a person on capital charge-Held further. Revolver recovered from appellant and crime empty recovered from spot having been sent together to Laboratory, its incriminatory value is destroyed-Appellant acquitted. [Pp.l53154]C,D,EF (iii) Motive- -—Murder-Offence of-Conviction for-Challenge to-Even if motive as alleged, is believed, it appears that only PW-10 annoyed Jamshed Khan, minor son of appellant, on which wife of appellant had altercation with ladies in house of complainant-No men folk were involved in quarrel that took place between ladies-Motive at best is innocuous and does not appear to be one which would have prompted accused to launch murderous attack-Held: It appears that true motive has not been disclosed but only prosecution can suffer for this silence. [P.152]A JUDGMENT Rustam S. Sidhwa, J.—This is an appeal by Muhammad Younus Khan appellant against the judgment of a learned Division Bench of the Lahore High Court dated 12.10.1987 dismissing his appeal. 2. The brief facts of the case are that on 4.2.1984 there was a wrestling bout in…

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