Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence---Benefit of doubt---Accused was sentenced to death for murdering his wife---According to the FIR the occurrence in issue had been witnessed by the eye-witness in the light of an electric bulb but during the investigation no such 'electric bulb' had been secured by the investigating officer---FIR had not been lodged at the local police station but the same had been lodged when the complainant had per chance met a police officer when he was proceeding to the police station---Both the eye-witnesses were very closely related to the deceased and they were admittedly chance witnesses---Stated reason for presence of the said eye-witnesses near the place of occurrence never stood established on the record through any evidence whatsoever---According to the prosecution the accused and his wife quarrelled on regular basis because the accused was suspicious of his wife's character, however nothing had been brought on the record by the prosecution to substantiate such allegations---Blood-stained churri allegedly recovered at the instance of the accused was recovered from an open and accessible place and, thus, it could not be said that the recovery was effected from the exclusive possession of the accused---Besides no independent witness was associated during recovery proceedings---Post-mortem examination of the dead body of deceased had been conducted with a long delay for which no explanation had been brought on the record---Record showed that the prosecution was not sure about the exact time of deceased's death---Prosecution had failed to prove its case against the accused beyond reasonable doubt---Conviction and sentence of death recorded against the accused was set aside in circumstances---Appeal was allowed accordingly. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Husband accused of murdering his wife inside matrimonial home---Burden of proof---Scope--- Part of the onus laid on the accused husband to explain as to how and in what circumstances his wife had died an unnatural death inside the confines of the matrimonial home, but at the same…

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