Law: Pakistan Penal Code, 1860

Section: 302

Penal Code (XLV of 1860)--------S. 302-Alibi, plea of-Failure to prove does not recoil to disadvantage of accused-Onus always remains on prosecution to prove its case. The failure of accused to prove his plea of alibi does not recoil to his disadvantage. If an accused person in his defence is entitled to take up whatever plea he likes, true or false, the fact that he fails to establish all or anyone of them, should not recoil to his disadvantage for the drawing of any inferences regarding his guilt which has to be clearly and satisfactorily established by the prosecution. In criminal cases, the onus always remains on the prosecution to prove its case. Sarat Chandra Dhupi v. Emperor 35 Cr. L J 1335 not approved. Criminal Appeal No. K-24 of 1969 Tufailali A. Rahman, Senior Advocate Supreme Court (Abdul Hafeez Pirzada, Advocate Supreme Court with him), instructed by Abdul Hafeez Memon, Attorney for Appellant. Rustam J. E. Kaikobad, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Petition for Special Leave to Appeal No. K-14 of 1968. Azizullah K. Shaikh, Advocate Supreme Court instructed by Muhammad Ibrahim Memon, Attorney for Petitioner. Rustam J. E. Kaikobad, Advocate Supreme Court instructed by Ijaz Ali, Attorney for the State. Nemo for Respondent No. 2 (in Petition No. K-14/68). Dates of hearing : 21st and 22nd May 1969. JUDGMENT SAJJAD AHMAD, J.-Ilahi Bakhsh and his son, Bangul Khan, (the two appellants herein), along with another son of alnhi Bakhsh named Rahim Bakhsh, were tried by the learned Additional Sessions Judge, Jacobabad, under section 302/347, P. P. C. for committing the murder of their relation Raza Muhammad, in furtherance of their common intention at about 9 a.m. on the 31st of July 1965. Another item of charge against them was under section 13 (d) of the West Pakistan Arms Act. Rahim Bakhsh was acquitted of the charges, but the appellants were convicted on both. Bangul Khan was sentenced to death and Ilahi Bakhsh to transportation for life, on the murder charge, and each of them was sentenced to undergo rigorous imprison­ment for one year on the second charge under section 13 (d) of the Arms Act. The appellants filed an…

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