Law: Pakistan Penal Code, 1860

Section: 34,302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b) & 34--Conviction and sentence--Challenge to--Benefit of doubt--Failure to establish story of extra Judicial confession--Death--Mysterious circumstances--Deceased was done to death in complainant's house under mysterious circumstances, though not in accord with the crime scene shown in site-plan as well as in the face of a naively indiscreet cross-examination, nonetheless, merits serious consideration in view of negative seminal report. Homicidal nature of death cannot be doubted, however, this by itself cannot establish appellants' guilt, particularly after prosecution's failure to establish the story of extrajudicial confession. The deceased, according to the complainant, was dead on the fateful day; there is nothing on record as to how Koru received information, passed on to the complainant and this brings the whole episode into mystery and, thus, appellants cannot be convicted merely on account of their relationship with the deceased or upon their failure to satisfactory explain the circumstances leading towards deceased's death without potential risk of error--Whole case is fraught with doubts, it would be unsafe to maintain the convictions--Extending benefit of doubt, appeal was allowed. 2018 SCMR 787, ref. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE- Mst. Hajran Bibi, 23/24, henceforth referred to as the deceased, was strangulated to death at 5:00 a.m. on 02-08-2011, within the area of Chak No. 149-C/TDA, Tehsil and District Layyah, situating at a distance of 8-miles from Police Station Saddar; incident was reported by her brother Ghulam Qasim (PW-9) through statement (Ex.PF) recorded by Zafar Iqbal, SI (CW-3) 8:30 a.m. at the spot. According to the complainant, the deceased was married with her first cousin Abdul Ghafoor alias Allah Ditta; the couple was blessed with a son. Five/six days before the occurrence, the deceased was thrashed by her husband and father-in-law, appellants herein, and as protest left home, however, the complainant with intervention of notables arranged reconciliation. On the fateful day, Koru son of Ghulam Ali conveyed news of deceased's death to her…

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