Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---.--- ---.---S. 302(b)---.---Qatl-e-amd---.---Appreciation of evidence---.---Delay of about 23 days in lodging F.I.R. was without any explanation---.---Ocular account was not corroborated by medical evidence---.---On the same set of evidence two co-accused had been acquitted by the Trial Court and no appeal against their acquittal had been filed either by the complainant or by the State before the court---.---Weapon of offence 'Tesi' was got recovered from the house of co-accused, and even said 'Tesi' was not found to be stained with human blood---.---Present case was that of no evidence---.---Prosecution having failed to prove its case against accused beyond any shadowof doubt, conviction and sentence recorded against accused by the Trial Court vide impugned was set aside, accused was acquitted and released, in circumstances. THIS JUDGMENT DELIVERED BY: KHAWAJA MUHAMMAD SHARIF, CHIEF JUSTICE:---.---- This judgment will dispose of Criminal Appeal No. 70 of 2005 filed by Munir Ahmed, appellant, who was convicted by learned Additional Sessions Judge, Talagang District Chakwal vide his judgment dated 22-2-2005 under section 302(b), P.P.C. to death. Murder Reference No. 126 of 2005 for confirmation or otherwise of death sentence of Munir Ahmed appellant and Criminal Revision No. 177 of 2005 filed by Sher Muhammad complainant against Munir Ahmed 'respondent shall also be disposed of through this single judgment. 2. Brief facts of the case as disclosed by Sher Muhammad complainant are that on 10-3-2003 at about 1-00 p.m. Noor Hassan son of Mian Muhammad (deceased) son-in-law of the complainant was standing in the street outside the house of the complainant situated in Mohalla Kamal Lawa, when the accused Munir Ahmed armed with "Tesi", Muhammad Imran armed with "Gaz" and Irfan armed with "Tesi" came there. Soon thereafter, the accused Munir Ahmed inflicted Tesi blow on the head of Noor Muhammad deceased who fell down. In the same condition the accused Muhammad Imran and Muhammad Irfan inflicted injuries. The occurrence was witnessed by Tahir Hussain, Muhammad Riaz and Dost Muhammad besides the complainant. Allegedly on seeing the witnesses,…

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