Law: Pakistan Penal Code, 1860

Section: 34,148,149,302,302(b),324,337-F(iii)

Law: Criminal Procedure Code (V of 1898)

Section: 382B,544A

Pakistan Penal Code, 1860 (XLV of 1860)-- ---Ss. 302(b) & 34--Qatl-e-amd, common intention--Reappraisal of evidence--Accused and his co-accused were alleged to have murdered the deceased--Trial Court sentenced the accused to death--High Court reduced sentence of accused from death to imprisonment for life--Held, Occurrence in the present case, as per prosecution took place at 4.30 p.m.--Matter was reported to police on the same day at 5.45 p.m., as a result whereof formal FIR was registered at 6.45 p.m.--Apparent promptitude in reporting the matter to police and registration of FIR was hardly of any avail to the prosecution because the postmortem on the dead body of deceased was conducted after delay of more than 23 hours of reporting the matter to police--Complainant (father of deceased) claimed that during the time of occurrence he was posted as a police official in a city different to the one where the incident took place, but since he was on leave he was with his deceased son in the city where the incident took place--In his cross-examination, complainant claimed that he had produced proof of leave before the investigating officer, however, the investigating officer denied such assertion of complainant and stated before the Trial Court that the complainant never provided any documentary proof regarding his leave--Complainant further claimed that police reached first at the place of occurrence where murder of deceased took place, but the investigating officer stated that the police party reached another place of occurrence before visiting the place where deceased was murdered--Serious doubts were found on record regarding the presence of eyewitnesses at the place of occurrence at the relevant time and their claim of witnessing the occurrence--Direct evidence of complainant and another witness had been disbelieved up to the Supreme Court to the extent of co-accused, therefore, it was of paramount importance to see as to what independent corroboration was available on record to distinguish the case of accused from that of his acquitted co-accused--Scrutiny of evidence showed that no such corroboration was available on record--Empties secured from the spot…

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