Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B

(On appeal from the dated 23.11.2010 passed by the Lahore High Court, Lahore in Crl. A. No. 49/2005) Circumstantial Evidence-- ----Pakistan Penal Code, (XLV of 1860), Ss. 302(b)--Criminal Procedure Code, (V of 1898), 382-B--Conviction and sentence--Award of life imprisonment--Validity--To carry conviction on a capital charge it is essential that Courts have to deeply scrutinize circumstantial evidence because fabricating of such evidence is not uncommon--This circumstance completely negates and nullifies prosecution stance about time of departure of deceased with appellant and has cut roots of prosecution case--Prosecution has miserably failed to connect neck of appellant with crime in any manner whatsoever--Appeal was allowed. JUDGMENT Dost Muhammad Khan, J.--Appellant Fayyaz Ahmad "Lifer" at a trial held by Additional Sessions Judge, Vehari was sentenced to life imprisonment u/S. 302(b), PPC with benefit of Section 382-B, Cr.P.C. and also to pay Rs. 50,000/- as compensation to the LRs. of the deceased, namely, Zafar Iqbal. His appeal was dismissed vide impugned judgment dated 23.11.2010 by the then learned Chief Justice of Lahore High Court. On a jail petition, the appellant was granted leave to appeal vide order dated 13.10.2015 to re-appraise the evidence. 2. Brief but relevant facts are, that Mst. Naziran Bibi (PW-8), while reporting the crime to the local police of Police Station Thengi, District Vehari on 29.8.1999 alleged that two days earlier her child, aged 3 years, was abducted by the appellant and that they did not make a report and sat quiet. Alleging further, that a day thereafter i.e. 28.08.1999, the appellant came to them and stated that the child is in the District Courts Vehari and they should accompany him to get back the child. The deceased Zafar accompanied him but did not turn up till late night, thus they got worried and went out for search and during the process of search they reached Chak No. 56/WB, where, people had assembled in a cotton crop land and were talking about a dead body, thus they reached at the spot and identified the dead body of Zafar Iqbal whose throat was cut through sharp weapon, hence she charged the appellant Fayyaz…

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