| Citation(s) |
|---|
| 2019 SLG 2199 2019 SLD 2199 2019 PLJ 526 |
Supreme Court of Pakistan
Jail Petition No. 380 of 2017, decision & hearing Dated: 26.03.2018. (On appeal against the judgment Dated 27.01.2017 passed by High Court of Sindh, Circuit Court Larkana in Criminal A. No. S-45 of 2015)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE
Petitioner(s) by: Mr. Mehmood A. Qureshi, ASC
Respondent(s) by: Mr. Hussain Bux Baloch, Additional P.G. Sindh
Jail Petition No. 380 of 2017, decision & hearing Dated: 26.03.2018. (On appeal against the judgment Dated 27.01.2017 passed by High Court of Sindh, Circuit Court Larkana in Criminal A. No. S-45 of 2015)
MANZOOR AHMAD MALIK, JUSTICE SARDAR TARIQ MASOOD, JUSTICE
Petitioner(s) by: Mr. Mehmood A. Qureshi, ASC
Respondent(s) by: Mr. Hussain Bux Baloch, Additional P.G. Sindh
SAJJAN SOLANGI
VS
STATE
Law: Pakistan Penal Code, 1860
Section: 302,302(b)
Law: Criminal Procedure Code (V of 1898)
Section: 382B
Law: Qanun-e-Shahadat (10 of 1984)
Section: 71
Pakistan Penal Code, 1860 (XLV of 1860)-- ---S. 302(b)--Qatl-e-amd--Re-appraisal of evidence--Present case was registered after father of the deceased allegedly sent information to the concerned Station House Officer (SHO)/police witness on a mobile phone that his accused son had murdered his deceased daughter under the allegation of 'Kari'--Said police witness was examined as a witness and his whole statement was based upon the information allegedly passed to him by the father of the deceased and the accused--Police witness also did not mention the cell phone number from which he received the information upon which the FIR was chalked out--Other witness also did not receive the information about the crime himself and it was told to him by the police witness--Admittedly, the father was never produced by the prosecution nor he was summoned as a witness to confirm the assertion made by the two witnesses--Conviction and sentence of accused was set aside in circumstances and he was acquitted of the charge--Jail petition was converted into an appeal and the same was allowed accordingly. Pakistan Penal Code, 1860 (XLV of 1860)-- ---S. 302(b)--Qanun-e-Shahadat Order, (10 of 1984), Art. 71--Qatl-i-amd--Reappraisal of evidence--Hearsay evidence-- Such evidence could not be made basis of a conviction. Pakistan Penal Code, 1860 (XLV of 1860)-- ---S. 302(b)--Qatl-e-amd--Re-appraisal of evidence--Extra-judicial confession before police--Such confession was inadmissible in evidence. Pakistan Penal Code, 1860 (XLV of 1860)-- ---S. 302(b)--Qatl-e-amd--Re-appraisal of evidence--Recovery of weapon and crime empties on alleged pointation of accused--Weapon was not sent to the forensic expert for comparison or to determine whether it was in working condition or not--In the absence of any positive report of Forensic Science Laboratory, the recovery of the weapon was inconsequential--Allegedly, weapon was recovered from some bushes on pointation of accused, however the place was accessible to everyone--Furthermore private persons were also present in the area as admitted by the witness but only police officials were made witness of the said recovery--Conviction and sentence of…
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