Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Improvements made by eye-witnesses including the complainant at the trial were calculated and crucial and could not be overlooked---Presence of eye-witnesses at the place and time of occurrence was not established---Medical evidence had not corroborated ocular testimony, rather it had severely jolted the same in many important aspects---Deceased lady had been killed much earlier than the time mentioned in the complaint---Ocular account was full of countless contradictions and discrepancies, which had badly marred the intrinsic worth of the testimonies of the eye-witnesses---Trial Court had passed the impugned order on conjectures and surmises and the same was set aside in circumstances---Accused was acquitted accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-e-amd---Appreciation of evidence---Medical evidence, corrobora-tion of---Medical evidence can disclose the number of injuries, the seats of injuries, the weapon used for infliction of such injuries, probable time of occurrence or the other allied details, but it cannot identify the perpetrator of the crime. JUDGMENT SHAHID HAMEED DAR, J.---The appellant Muhammad Riaz was held guilty under section 302(b), P.P.C. for the murder of Mst.Arshad Bibi, by learned Additional Sessions Judge, Faisalabad, vide judgment dated 7-4-2006 and convicted/ sentenced to death with direction to pay a sum of Rs.1,00,000 to the legal heirs of the deceased as compensation or in default thereof to undergo imprisonment for six months. 2. The convict/appellant has filed Criminal Appeal No.653 of 2006 against his conviction/sentence, besides, there is a usual reference (Murder Reference No.422 of 2006) under section 374, Cr.P.C. for the confirmation or otherwise of the sentence of death, awarded to the appellant, transmitted by the learned trial Court. We propose to dispose of both the matters together through this single judgment. 3. The facts, as unfurled by Muhammad Anwar-complainant (P.W.9) in complaint Exh.PC, on the basis of which F.I.R. (Exh.PC/1) has been registered are that Mst. Arshad Bibi (deceased), his paternal niece,…

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