Law:

Section:

(a) Penal Code (XLV of 1860)--- ----S.302---Criminal Procedure Code (V of 1898), S.431---Qatl-i-amd---Death of accused during pendency of appeal---Maintainability of appeal of "dead person"---Accused who was awarded life imprisonment with fine, died in jail during pendency of his appeal---Counsel for accused requested to hear the appeal on merits and assisted the court about maintainability of appeal of a "dead person"---Provision of S.431, Cr.P.C., made it clear that if an appellant would die during pendency of appeal, said appeal would not abate and legal heirs of deceased/appellant, could challenge conviction of appellant on merits to remove a stigma of conviction. (b) Criminal trial--- ----Witness---Dishonest improvement---Effect---When a witness, would make deliberate and dishonest improvement in his statement, he could not be believed. (c) Criminal Procedure Code (V of 1898)--- ----S. 154---FIR---Scope---FIR, was a basic document on which the structure of prosecution case was built for later proceedings---FIR, though was a document pertaining to complainant, but, it also would protect the right and interest of accused---In any deviation or departure from the first story of FIR, the benefit of such departure would go to accused. (d) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Both the eye-witnesses had contradicted each other on almost all material points and their statements were mutually destructive---Mere recovery of a .30 bore pistol on the pointation of accused, would not connect accused with commission of offence, especially when no Forensic Expert Report was available on record---Medical evidence, only indicated the cause of death and did not establish identity of accused---Investigation was not fair and honest, which left many inherent lacunae in prosecution case, either due to lack of professional skills, or for some other extraneous considerations---Case was of acquittal, but since the deceased had died and his appeal, as requested by defence counsel was being contested, just to remove stigma of conviction, appeal was accepted and fine imposed by the Trial Court, was set aside. THIS JUDGMENT DELIVERED BY:…

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