P (PLP)

Appellant in person. Muhammad Sharif, Assistant Advocate‑General for Govern ment. JUDGMENT.‑This is a jail appeal by Allah Ditta against his conviction under section 304 A. P. C. and sentence of four months rigorous imprisonment and Rs. 50 fine passed on him by the Sessions Judge, Mirpur. The prisoner who was not represented by any counsel requested that he should be heard before his appeal was decided. Accordingly this appeal was fixed for hearing at Mirpur and the prisoner wag called to argue his case which he did. The Assistant Advocate‑General was also head on behalf of the Crown. The prisoner was originally prosecuted under section 302 A. P. C. It was alleged that on the 24th October last he had murdered Ghulam Muhammad, a fellow villager. A report about the occurrence was made by Muhammad son of the deceased on the 26th October to the police. In this report it was stated that on the 17th October when the enemy advanced towards the terri tory where the village of the party is located, the family of the deceased migrated leaving him alone in his native village. On the 25th October one Noor Din son of Kalu informed Muhammad that the deceased had been severely beaten by the prisoner and was in a precarious condition. On receiving this information the son of the deceased proceeded to his village and found his father severely injured. The deceased expired in the evening the same day. Kala son of Chela told the son of the deceased that on the 24th October the prisoner told the former that he had killed the deceased and thrown him in a nala. On reaching the Nara Kala found the deceased lying senseless. 7 he deceased was brought on a charpoy with the aid of other persons to his house. A part of the broken stick was found lying at the place where the deceased had been beaten. At the trial, evidence was led to prove the extra‑judicial confession of the prisoner before Kala son of Chela and the motive for the crime which was stated to be this. After the deceased had gone to bid farewell to his family which migrated to another village, his house was broken into and a dabba containing ghee was stolen. On search the dabba was recovered from the house of the prisoner and lie was beaten. To wreak his vengeance on the deceased the prisoner beat him. No medical evidence was produced to prove that the deceased was beaten with a sota, as the dead body was not examined by any Doctor. The extra-judicial confession of the deceased which was alleged to have been made by him before Kala son of Chela thus stood uncorroborated. The other evidence produced in the case was too weak to be depended upon. The prisoner denied that he had given any beating to the deceased which resulted in the death of the latter. The learned Sessions judge was influenced by the fact that only the deceased and the prisoner were present in the village when the occurrence took place and consequently no other person except the prisoner was responsible for the death of the deceased. The deceased was found lying injured in a nala. It was not proved that he had been beaten with a sota, as no medical evidence was led. The deceased was a hundred years old man. It was quite possible that he might have fallen in the nala and suffered the injuries which resulted in his death. In the circumstances the conviction of the prisoner was not desirable unless strong evidence was forthcoming to connect him with the crime. The extra judicial confession before one person afforded meagre evidence of the guilt of the prisoner and was not safe basis for his conviction. The evidence regarding motive for the crime was too weak to be depended upon. For the above reasons I accept the appeal, set aside the convic tion and sentence of the prisoner and acquit him. The prisoner is ordered to be set free at once. K. M A. Appeal accepted.