Law:

Section:

Azad Jammu and Kashmir Penal Code- ----S. 302--Conviction and sentence recorded against accused by trial Court--Challenge to--Nominated in FIR--Appreciation of evidence--Confessional statement--Retracted--Contradiction--Validity--Trial Court failed to appreciate that FIR was not a truthful version--Prosecution failed to prove alleged motive--Recoveries were also doubtful and self contradictory statement of P.W was not worth relying in absence of some corroboration from an independent source--Prosecution story being highly doubtful was disbelieved--Appellants acquitted. Judgment The above titled appeals have been directed against the order of Additional District Court of Criminal Jurisdiction, Hajira dated 21.09.2002, whereby the appellant was convicted and sentenced to life imprisonment under Section 302, A.P.C and a fine of Rs. 1000/- under Section 13/20/65 A.A. 2. Brief facts leading to the background of the appeals are that a case under Section 302, A.P.C was registered at Police Station, Hajira on the complaint of Said Muhammad. It was reported that on 16-09-1998 Arshad Azam alongwith Muhammad Akhlaq was going to his home from Hajira bazar. At about 7.30 p.m. as they reached at Trapa curve near Pothi Chaprian, they saw two strangers wearing white dress. Their faces were covered with clothes. They asked Arshad Azam to raise his hands and one of them fired with pistol which hit him at his chest. He fell down and succumbed to the injury. Muhammad Akhlaq accompanying the deceased witnessed the occurrence and informed the complainant, who reported the matter to the Police nominating Muhammad Akhlaq a suspect. 3. During investigation Muhammad Hayat was brought under investigation and he was found guilty. After completion of the investigation, challan was submitted before the trial Court against accused appellant. 4. After completion of the trial, the Court convicted the appellant and sentenced him to life imprisonment and a fine of Rs. 1,000 through the impugned order. Hence the above titled appeals. 5. The learned counsel for the convict-appellant argued that appellant was not nominated in the FIR but Muhammad Akhlaq was shown as suspect and later on he was…

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