Law:

Section:

Pakistan Penal Code, 1860 (XLV of 1860) ------ ------ ------ S. 302(b) ------ Conviction and sentence ------ Challenge to ------ After being massively burnt, injured could not be in a position to make statement in detail ------ There is no original statement of complainant available on record ------ PW ASI had recorded statement of deceased, when he was brought to him injured condition, but original complaint was not produced before Court during trial and this fact was duly noted in statement of PW by trial Court ------ In absence of original complaint that deceased had made statement before PW particularly, when there is no explanation as to where was original complaint ------ State of affairs, FIR could not be treated as dying declaration to be made basis for recording conviction ------ Evidence produced by prosecution was not sufficient to connect appellant with commission of offence, as such conviction was not sustainable ------ Prosecution failed to prove charge against appellant beyond reasonable doubt ------ Appeal was accepted. [P. 419] A JUDGMENT Ch. Mushtaq Ahmad, J. ------ Appellant Muhammad Shahid has challenged his conviction and sentence through Criminal Appeal No. 659 of 2012. He was tried by learned Additional Sessions Judge, Alipur in case FIR No. 396/2008 dated 11.11,2008 under Sections 302, 324 PPC registered at Police Station City Alipur. Murder Reference No. 16 of 2011 has been sent by learned trial Court for confirmation or otherwise of death sentence of the appellant. Both these matters shall be disposed of through, this single judgment as the same arise out of judgment dated 23.12.2010 passed by learned trial Court. 2. Appellant was convicted vide impugned judgment and sentenced as under: Convicted under Section 302(b) PPC and sentenced to death alongwith payment of Rs. 1,00,000/- as compensation under Section 544-ACr.P.C. to legal heirs of deceased and in case of default in payment thereof, to further undergo six months SI. 3. FIR was registered on the statement of Muhammad Javed (deceased), who alleged that he had a washerman shop near General Bus Stand. Muhammad Shahid (appellant) was allowed by the complainant to run a fruit shop in…

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