Law: Pakistan Penal Code, 1860

Section: 302,307

Penal Code (XLV of 1860)--- ----Ss. 302 & 307---Appreciation of evidence ---F.I.R. had been lodged with a delay of eight hours after consultation and delibertions---Occurrence was unseen---Site plan had not supported the prosecution version---No report was available on record regarding the calibre of the crime empties recovered from the spot or to verify if the same were of one weapon or of different weapons---Ocular testimony was in conflict with medical evidence---Motive as set forth by the prosecution was not proved and the same was shrouded in mystery---Prosecution case was full of doubts and contradictions---Accused were acquitted in circumstances. JUDGMENT TALAT QAYUM QURESHI, J.---Abdul Aziz and three others have filed Criminal Appeal No.48 of 1995 against the judgment of the learned Additional Sessions Judge, Abbottabad, dated 6-12-1995 whereby he convicted Abdul Aziz alias Aziza under section 302, P.P.C. and sentenced him to 14 years' R.I. with direction to exclude the period of imprisonment already undergone by him and convicted the other three appellants under section 307, P.P.C. and sentenced each of them to three years' R.I. and fine of Rs.5,000 each or else to undergo further simple imprisonment for six months. Benefit of section 382-B, Cr.P.C. was also extended to all the appellants. 2. Sher Zaman son of Sultan Muhammad has also filed Criminal Appeal No.2 of 1996 under section 439, Cr.P.C. against the judgment, dated 6-12-1995 for enhancement of sentence awarded to respondents/appellants. 3. Sher Zaman has also filed Appeal No.5 of 1996 against Abdul Aziz and three others under section 417 (2-A), Cr.P.C. against the judgment, dated 6-12-1995 whereby respondent No. l Abdul Aziz was acquitted under section 307/34, P.P.C. and respondents Nos.2 to 4 under sections 302/34, P.P.C. It has been prayed that the impugned judgment be modified and the accused-respondents be held vicariously liable under sections 302/307/34, P.P.C. and be awarded sentence accordingly. We propose to dispose of all the above mentioned appeals and revision through this order as all arise out of the same judgment. 4. On receipt of information that a dead body was lying in…

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