Law: Pakistan Penal Code, 1860

Section: 80,302,318,319

Pakistan Penal Code, 1860 (XLV of 1860)-- ---Ss. 302/318/319--Qatl-e-amd, qatl-e-khata, Judicial confession--Appreciation of evidence--Conviction u/S. 319 PPC--Respondents had allegedly murdered deceased by firing inside house of accused party in backdrop of a motive of an exchange of hot words prior to occurrence--One respondent was acquitted, other respondent's conviction was converted from Section 302(b), P.P.C. to Section 319, P.P.C.--The record shows that some stranger had informed police about occurrence and that stranger had never been identified or produced during trial--Complainant had maintained before I.O. he would lodge an FIR after consulting his relatives who were coming from village--No independent proof of alleed motive had been produced during trial--Nothing had been recovered from custody of respondents--Investigating agency had declared both respondents to be innocent--Eye -witnesses were both chance witnesses besides being very closely related to deceased--High Court had placed a heavy reliance upon a judicial confession, if said judicial confession were to be accepted as correct, then case in hand could not be treated as a case attracting offence of Qatl-e-khata--Appeal is dismissed--Conviction u/S. 319 PPC is maintained. Pakistan Penal Code, 1860 (XLV of 1860)-- ---Ss. 80--According to the provisions of Section 80 P.P.C., an act done by an accident does not constitute any offence. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C.J.-- Criminal Miscellaneous Application No. 205-K of 2018. This miscellaneous application is allowed and the synopsis of arguments on behalf of Respondents Nos. 2 and 3 submitted through this miscellaneous application is allowed to be brought on the record of the main appeal. Disposed of. Criminal Appeal No. 14-K of 2018 2. Ashhab and Asadullah respondents had allegedly murdered one Manzoor Ahmed by firing at him at about 02.00 p.m. on 05.06.2011 inside the house of the accused party in Baldia Colony in the area of Police Station Baldia, District Hyderabad in the backdrop of a motive according to which an exchange of hot words had taken place between the parties some time prior to the present occurrence. With…

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