Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Trial Court, for valid reasons had disbelieved the eye-witnesses and motive of the occurrence as set up by the prosecution, but despite all that, the Trial Court convicted and sentenced accused on the statement of defence witness---Defence witness who had been relied upon by the Trial Court to convict accused, was a witness who himself stated that he did not see the occurrence---Defence witness had not stated that he had seen accused inflicting chhuri blows to the deceased---Accused could not be convicted on the basis of such witness especially when the entire prosecution evidence, had been disbelieved by the Trial Court---Judgment of the Trial Court was self contradictory; and suffered from misreading and non-reading of evidence available on record---Accused, as alleged, had nowhere claimed that due to being a man of unsound mind he had caused sharp edged weapon injuries to the deceased---Conviction and sentence passed against accused being violative of law, could not sustain; which was set aside, in circumstances. Azhar Iqbal v. The State 2013 SCMR 383 rel. JUDGMENT ARSHAD MAHMOOD TABASSUM, J.---Hazrat Ali alias Ghani, appellant, along with his co-accused, namely, Sair Iqbal, Shareef Ullah and Ameer Aslam, was tried by the learned Additional Sessions Judge, D.G. Khan, in case F.I.R. No. 69, dated 27-3-2007, registered under section 302/34, P.P.C., with Police Station Taunsa Sharif, District D.G. Khan, for committing murder of the deceased Shahnaz Gul. The learned court on conclusion of trial, vide judgment dated 21-1-2009, convicted the appellant under section 302(b), P.P.C., and sentenced him to death with a direction to pay Rs. 50,000 as compensation to the legal heirs of the deceased Shahnaz Gul, as required by section 544-A, Cr.P.C., and in default whereof to undergo six months' simple imprisonment, while his co-accused, namely, Sair Iqbal, Shareef Ullah and Ameer Aslam were acquitted of the charge by extending benefit of doubt to them. 2. Murder Reference No. 45 of 2009 has been sent by the learned trial Court seeking confirmation of death sentence awarded to Hazrat Ali…

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