Law: Penal Code (XLV of 1860)

Section: 302(b)/34

Penal Code (XLV of 1860) S. 302(b)/34 Appreciation of evidence Glaring contradiction existed between ocular account and medical evidence Gum allegedly recovered from the accused was not sent to Forensic Science Laboratory No crime empty was recovered from the place of occurrence and no matching report was available on the record Motive as alleged in the F.I.R. was far fetched and was not believable ¬Occurrence had taken place at night and the medical opinion that the injuries on the person of the deceased could have been caused by one fire shot, had raised serious doubt qua the culpability of the accused Benefit of doubt was extended to the accused and he was acquitted accordingly. THIS JUDGMENT DELIVERED BY: M. BILAL KHAN, JUSTICE:---.--- This judgment shall dispose of Criminal Appeal No. 1274 of 2000, Criminal Revision No. 778 of 2000 and Murder Reference No. 549 of 2000 as all these matters arise out of the judgment dated 24 8 2000 passed by the learned Additional Sessions Judge, Sheikhupura whereby he convicted Zakaullah appellant under section 302(b), read with section 34, P.P.C. for causing Qatl e Amd of Allah Ditta and sentenced him to death and to pay a sum of Rs.50,000 to the legal heirs of the deceased as compensation under section 544 A, Cr.P.C. or in default of payment thereof Zakaullah appellant was ordered to further undergo simple imprisonment for six months, whereas Ali Muhammad appellant was convicted under section 302(b)/34, P.P.C. for causing Qatl e Amd of Allah Ditta and was sentenced to life imprisonment and to pay a sum of Rs.50.000 to the legal heirs of the deceased as compensation under section 544 A, Cr.P.C. or in default of payment thereof he was ordered to further undergo six months' simple imprisonment. Benefit of section 382 B, Cr.P.C. was also extended to Ali Muhammad appellant. Umar Hayat son of Allah Ditta deceased has filed Criminal Revision No. 778 of 2000 for enhancement of the amount of compensation awarded to Zakaullah appellant and for enhancement of life imprisonment to death sentence awarded to Ali Muhammad appellant. Learned trial Court has sent Murder Reference No. 549 of 2000 to the High Court for confirmation of death…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492