Law:

Section:

Penal Code (XLV of 1860)--- --------S. 302(b)---Qatl-e-amd---Appreciation of evidence---Incident was unseen --------- Role ascribed to accused, was similar to his three brothers, who were earlier found innocent during investigation, and subsequently had been acquitted by the Trial Court, though the set and nature of evidence against them was the same, as had been used against accused to record conviction against him---When same set of evidence had been disbelieved by the Trial Court qua three co-accused, extra care and caution was required to consider the same evidence against accused---All prosecution witnesses being closely related with the deceased and inter se, heavy onus was on the prosecution to have brought on record strong independent corroborative piece of evidence---As to how and in what manner the deceased lady was trapped in field, from where he got the cloth to tie the neck of the deceased, and what individual role was played by each of accused persons was no where mentioned---Trial Court, in circumstances, reached to a just and proper conclusion to reject the evidence of extra judicial confession --------- Prosecution witnesses, though were consistent about the recovery of dead body of the deceased from the fields, but that recovery was not sufficient to connect accused with the commission of the offence, because no recovery memo in that respect was prepared by Investigating Officer---Accused remained on physical remand, but no recovery was effected either on his disclosure or pointation --------- Prosecution having failed to prove its case against accused, beyond any shadow of doubt, conviction and sentence awarded to accused by the Trial Court, were set aside and he was released, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD QASIM KHAN, JUSTICE:------------------ Fida Hussain (accused/appellant) along with co-accused Ramzan, Rashid and Noor Muhammad faced trial before the learned Additional Sessions Judge, oDera Ghazi Khan, in case FIR No.492 dated 22.08.2006 under sections 302/34, P.P.C. police station Kot Chutta, Dera Ghazi Khan, and on conclusion of trial vide judgment dated 15.10.2008, Ramzan, Rashid and Noor Muhammad were acquitted…

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