Law: Penal Code (XLV of 1860)

Section: 302(b)/34

Law: Criminal Procedure Code (V of 1898)

Section: 103

Penal Code (XLV of 1860)     S. 302(b)/34 Criminal Procedure Code (V of 1898), S.103 ¬Appreciation of evidence Occurrence had taken place on a dark, cold and windy night No light was available at the spot F.I.R. had not been recorded at the time mentioned therein and narrated by the complainant and the Investigating Officer Two witnesses, who were critically important for the prosecution case had been given up as being unnecessary Ocular account of occurrence was not sufficiently corroborated by any independent source and the same did not inspire confidence None of the three motives set up by the prosecution was proved Recoveries had not been effected from the exclusive custody of the accused and the same had violated the provisions of S.103, Cr.P.C. Recovery evidence was contradictory ¬Presence of eye witnesses at the scene of occurrence having been found unbelievable, medical evidence had lost all its supportive character ¬Prosecution evidence was utterly unreliable to sustain the conviction on a capital charge Accused were acquitted in circumstances.   Ch. Pervaiz Aftab for Appellants.   Atta Ullah Khan Tareen for the State.   Dates of hearing: 15th, 16th and 17th May, 2001. JUDGMENT ASIF SAEED KHAN KHOSA, J.Muhammad Inaam alias Inamul Haq alias Nomi appellant was convicted for an offence under section 302(b)/ 34, P.P.C. and was sentenced to death by way of Tazir vide judgment, dated 6 10 1996 passed by the learned Additional Sessions Judge, Multan. Through the same judgment Akhtar Parvez alias Kaddu appellant was also convicted for an offence under section 302(b)/34, P.P.C. and was sentenced to imprisonment for life and to pay a fine of Rs.10,000 or in case of default in payment thereof to suffer simple imprisonment for one year. He was also extended the benefit under section 382 B, Cr.P.C. Both the appellants have challenged their convictions and sentences before this Court through Criminal Appeal No.306 of 1996. We have heard the said appeal alongwith Murder Reference No.412 of 1998 seeking confirmation of the sentence of death passed against Muhammad Inaam alias Inamul Haq alias Nomi appellant. We propose to decide the…

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