Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Qatal-e-amd--Dead body was found in sugarcane crop--Material contradiction--Extra judicial confession--Validity--Evidence is like a chain and if single link is missing whole story of prosecution comes to an end and conviction of accused was primarily based on suspicion, hearsay evidence and extra judicial confession, which were weaker type of evidence for purposes of conviction and such extra judicial confession does not lead Court towards conviction--Discrepancies and contradictions in statements, benefit of doubt cannot be denied to accused--Appeal was accepted. JUDGMENT The appellant Ahmad Shah alias Gogey Shah has challenged his conviction awarded by the learned Additional Sessions Judge, Sahiwal, vide judgment dated 18.01.2010, in case FIR No. 731, dated 27.11.2005, under Section 302, P.P.C., registered at Police Station Noor Shah, District Sahiwal, who sentenced the appellant under Section 302-B, P.P.C. to imprisonment for life with fine of Rs.50,000/- in default of which to further undergo six months S.I . The benefit of Section 382-B of the Code of Criminal Procedure, 1898, was also awarded to the appellant. 2. The prosecution's case unfolded in the F.I.R. by Talib Hussain complainant was that on 26.11.2005 at about 11.30 a.m.,Mst. Shehnaz Bibi deceased (niece of the complainant) went to the fields to sow garlic but she did not return till evening. On search she was not found. On the next morning, her dead body was found in the sugarcane crop of Muhammad Ramzan Wattu. She was strangulated with her shawl (Dopatta). Muhammad Hanif and Falak Sher informed that they had seen Ahmad Shah accused/appellant sitting at the place of occurrence on the day of occurrence, i.e. on 26.11.2005 at about 01.00 a.m, who already used to tease the deceased. He had committed her murder after Zina. 3. Accused when charge sheeted did not plead guilty and claimed trial. Consequently, the evidence was lead by the prosecution and as many as 11-witnesses were recorded by the learned trial Court. Muhammad Hanif son of the complainant (P.W.1) and Falak Sher (P.W.2) have reiterated the version of the…

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