Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)---.--- ---.----S. 302(b)---.--- Qatl-i-amd---.--- Reappraisal of evidence---.--- Benefit of doubt---.---Motive unproved---.---Chance and related eye-witnesses---.---Both the alleged eye-witnesses were very closely related to the deceased inasmuch as one of them was a brother of the deceased and the other an uncle---.--- Both the said eye-witnesses were also chance witnesses as they lived about three miles away from the scene of the crime, and they had advanced no reason whatsoever before the Trial Court explaining as to why they were present at the spot at the relevant time---.--- Such related and chance witnesses who did not explain any particular reason for their availability at the scene of the crime could not readily be believed and this was more so when they did not receive any independent corroboration---.---Alleged motive for the occurrence was that prior to the incident the deceased-lady had abused and insulted the accused for teasing her---.---Such alleged motive set up by the prosecution was not proved, and with the failure of the prosecution to prove the same there was no reason left with the accused to do away with the deceased-lady---.---Prosecution had failed to prove its case against the accused beyond reasonable doubt and the eye-witnesses produced by the prosecution in support of its case were nothing but planted and procured witnesses---.---Conviction and sentence of the accused were set aside and he was acquitted of the charge by extending the benefit of doubt to him---.--- Appeal was allowed accordingly. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Muhammad Ali appellant had allegedly murdered one Mst. Naseem Bibi by firing at her at about 01.30 p.m. on 24.10.2007 in village Dhaddar in the area of Police Station Nowshera, District Khushab in the backdrop of a motive according to which a month prior to the present occurrence the appellant had teased Mst. Nassem Bibi deceased but she had abused him and had also insulted him. On the basis of the said allegations the appellant was booked in case FIR No. 149 registered at the above mentioned Police Station on the same day and after a regular trial…

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