Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Appreciation of evidence---Incident admittedly having occurred during dark night, identification of accused in the manner mentioned by the prosecution witnesses in their contradictory and improved statements was neither possible nor confidence inspiring---Complainant, father of the deceased, did not depose about the dying declaration made by the deceased about the names of the assailants who had made firing on her ---F.I.R. also suggested that the deceased did not make any statement and the accused were only suspected to have committed the offence by the complainant, who had made material improvements in his deposition before the Trial Court---None from the inmates of the house of occurrence was cited as a witness or examined at the trial---Statement of the witness about motive had been recorded after an unexplained delay of about one week which was even not corroborated by the complainant---Medical evidence was in conflict with the injuries stated to have observed by the prosecution witnesses on the person of the deceased---No post-mortem examination of the deceased having been carried out, no valid evidence was available to indicate as to whether the injuries sustained by her were sufficient to cause death in the ordinary course of nature---Accused was acquitted in circumstances. (b) Penal code (XLV of 1860)--- ----S. 302(b)---Belated statements recorded by police ---Principles--¬Statements recorded by police after delay in the absence of satisfactory explanation normally are to be ruled out of consideration. THIS JUDGMENT DELIVERED BY: FAZAL-UR-REHMAN, JUSTICE:---.--- This criminal appeal under section 410, Cr.P.C. has been directed against the judgment, dated 20-12-2002 passed by the learned Sessions Judge, Khuzdar by which, he convicted the appellant Muhammad Sharif son of Pehri under section 302(b), P.P.C. and sentenced to suffer imprisonment for life and to pay compensation amounting to Rs.50,000 to the legal heirs of deceased under section 544-A, Cr.P.C. and in default of payment of compensation, the appellant was ordered to suffer S.I. for a period of 6 months. The benefit of section 382-B, Cr.P.C. was…

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