Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qatl-i-Amd--Reappraisal of Evidence--Case of wider net--non examination of investigating officer--Benefit of doubt--Acquittal of--it is a case of wider net is not entirely beside the mark--A pistol and shotgun, admittedly with the deceased and the complainant, lend credence to hypothesis of aggression--Suppression of injuries of an opponent is yet another intriguing circumstance--While the complainant was well within the remit of law to pursue his case through a private complaint--Non-examination of investigating officer alongside some other witnesses cannot be countenanced without exposing the accused to a grievous prejudice--Prosecution case is not free from doubt and thus it would be unsafe to maintain the conviction--Appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Criminal Appeal by Bashir Ahmad, convict and Criminal Petition for leave to appeal by Mst. Kaneez Fatima, sister of Talib Hussain deceased, arisen out of incident dated 29.5.2003, with a common thread are being decided through this singe judgment. 2. Prosecution case is structured upon statement of Ghulam Hussain, PW-2. According to him, on the fateful day his daughter Mst. Kaneez Mai was on her way to fetch grocery items when Naseer Bakhsh accused held her by hair, while his brother Ahmed dealt her club blow; upon receipt of information, the complainant with a pistol rushed to the spot; Naseer Bakhsh hit him with the club; the pistol felled, picked by Naseer Bakhsh accused. In the meantime, Talib Hussain deceased with .12 caliber gun is attracted to the spot. Rehmat Ali accused engaged the deceased with a hatchet blow on his right ear, later fell on the ground when Naseer Bakhsh, Ahmed Khan, Rehmat Ali, Bashir Ahmad and Muhammad Zaman caused injuries; the deceased succumbed to the injuries at the spot. Manhandling of Mst. Kaneez Mai, PW by Naseer Bakhsh is cited as motive for the crime. Dissatisfied with police investigation, the complainant preferred to prosecute the accused through a private complaint; he blamed that crime report was not faithfully recorded by the investigating officer, otherwise biased 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