' This appeal is addressed against the judgment dated the 11th of January 1974 of then learned Sessions Judge, Mianwali, acquitting Abdul Ghafoor and Ghulam Qasim sons of Ajab Khan and convicting Muhammad Hanif, their nephew, under section 302, P. P. C. Awarding him a sentence of life imprisonment with a fine of Rs> 1,000 or in default rigorous imprisonment for one year only for committing the murder of Doodh Malai (deceased) on 31st December 1970, at jhikki Peshiwela in the area of Mallakwal, Police Station Qamar Masih in the presence of Mst. Pashmina (P. W. 6) his mother and Mst. Begum Jan (P. W. 7) sister by a gunshot for prosecuting an illicit liaison with Mst.
Lalan, wife of Muhammad Rafique, the brother of the two acquitted accused and the uncle of Muhammad Hanif appellant.
2. Mst. Pashmina (P. W. 6) had lodged report Exh. P. C. With A. S. I. Khadim Husain (P. W. 11) at 5-15 p.m. The same afternoon at Police Post, Makerwal, who had investigated this case and after the necessary verification by D. S. P. Muhammad Bashir Hilmi (P. W. 10) two accused, namely, Abdul Ghafoor and Ghulam Qasim were declared innocent. The Magistrate had, however, summoned them to face the enquiry and committed them to Sessions for trial along with Muhammad Hanif appellant with the above finding, which has been assailed before me as unsustainable being based on the evidence of interested-curn-hostile witnesses with no independent corroboration to connect the appellant with the alleged offence and discarded in respect of two out of three persons implicated in this case.
3. On being taken through the record I am persuaded to agree with this contention as some disinterested persons had admittedly witnessed this crime, who had not entered the witness-box and no gun had been recovered from the appellant to incriminate him for the same.
4. It is no doubt correct that the evidence of Mst. Pashmina and Mst. Begum Jan could not be discarded merely on account of their close relationship with the deceased, but in view of its rejection about the other two accused and their admission of some earlier incidents of blood- feuds between the relatives of the parties and negation of the motive initially attributed to the appellant, it certainly required corroboration from some independent source before it could be accepted in respect of the third accused, the present appellant.
5. It was also disclosed that one statement of Mst. Pashmina P. W. Was also drawn out by A. S. I.
Khadim Husain (P. W. 11) after making some preliminary investigation at the spot which was not put forth during the trial. Moreover three material witnesses had been given up by the pro tecution which had lent further doubts to the prosecution case.
6. The benefit of all these grave doubts could not be denied to Muhammad Hanif. I have, therefore, to accept this appeal and setting, aside his conviction and sentence direct that he shall be released from the jail forthwith, if not required in any other case by the police.