Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860) -- ----S. 302(b)--Conviction and sentence--Challenge to--Motive--Assault, resulting into deceased's death--Qatl-e-Amd--Undoubtedly, bad blood existed but being on receiving end, complainant side with a loss of life would have been more keen to see heads of their adversaries, rolling on ground--Argument regarding inadequacy of motive, certainly not a constituent of crime, nonetheless, cannot be termed as unrealistic--Presence of dead body at a place other than one where deceased received fatal shot is yet another dilemma confronting prosecution; it is mind boggling as to why appellants would take pains to remove dead body, once they had accomplished task, that too, through dragging, as apparently it would not have served any purpose--In crisis situations, ordinarily, culprits do not indulge in such purposeless trivialities--There are no dragging marks observed by Medical Officer and, thus, argument that occurrence did not take place where it is initially depicted in crime report nor in manner as suggested therein, cannot be viewed as beside mark--Held : Once prosecution is found tumbling on principal charge, its case on issues collateral and incidental thereto, also casts away--Story is fraught with doubts, doubts deducible from positions patent on record, particularly homicidal death of deceased and, thus, it cannot be determined through any method of human contemplation as to what actually happened on fateful day, without potential risk of error--It would be safer to acquit appellants from charge--Appeals were allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Sarfraz Ahmad, 48, hereinafter referred to as the deceased, was fatally shot on 29-11-2009 at 10:30 a.m. within the area of Mouza Meero Baloch, situating 22-kilometers from Police Station Bakhshan Khan, District Bahawalnagar; incident was reported by his brother Zulfiqar Ali (PW-8) through statement (Ex.PH) recorded by Waris Ali, SI (PW-12), 12:40 p.m. at the police station. According to the complainant, on the fateful day, deceased took-his cattle for grazing in the land of Mst. Sharaf Ilahi (PW-10) when at about 10:30 a.m. the appellants along…

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