Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Motive alleged--Apparently the appellant had no motive against the deceased nor there was any reason for him to target wife of appellant (CW) who according to the complainant had withdrawn her suit for jactitation of marriage filed against him and had also left home--It is also intriguing as to how the appellant distinguished the deceased from amongst the inmates while the latter was asleep on a cot--Why the deceased was targeted and how he was located by his assassin are questions, left to imagination--Assembly of witnesses during the fateful night in the house of occurrence in preference to their own abodes without there being any special occasion is intriguing to say the least--Post-mortem examination is delayed with no explanation; though omitted in his statement, nonetheless, Dr. (PW) who conducted autopsy mentioned presence of rigor mortis in autopsy report in hot summer weather, development of rigor mortis suggests death at a point of time vastly preceding the one, suggested in the crime report--Investigating Officer collected four casings of .30 caliber; according to forensic report one out of those was received through PW and matched with pistol; it is inconceivable as to how the Investigating Officer was able to pick the single casing out of four that tallied the weapon; fabrication is self-evident--On the whole, prosecution case is not free from doubt and thus, it would be perilously unsafe to maintain the convictions without potential risk of error--By extending benefit of doubt, appeal was allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Muhammad Jameel, 30, hereinafter referred to as the deceased, was shot dead on 4-8-2014 at 12.05 a.m. within the area of Massa Kotha, situating at a distance of 7-miles from Police Station Saddar Kehror Pacca, District Lodhran; incident was reported by Muhammad Ismail (PW-1) through application (Ex.PA) recorded by Muhammad Bakhsh, S.I (PW-13), 1:15 a.m. at the spot. According to the complainant, during the fateful night i.e. 3/4-8-2014, he was asleep in his house alongwith Muhammad…

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