Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S.302(b)--Conviction and sentence--Challenge to--Qatl-I-Amd--Wife murdered in the house of husband--burden of proof--Improved statement--Appreciation of Evidence--Benefit of doubt--Acquittal of--Witnesses saw appellant while strangulating the deceased with her Dopatta when co-accused stood by him--The appellant being in wedlock with the deceased is expected to satisfactorily explain circumstances leading the death of his wife--His failure would not absolve the prosecution to independently and positively bring home charge against him--Traces of blood entrapped in the Section of hyoid bone on account of an ante-mortem microscopic injury; this is inconsistent with the position taken by the eye witnesses--PW improved upon his previous position and implicated co-accused with the same role--Arrival of the witnesses exactly at a point of time when the deceased was being done to death by the appellant and his co-accused, requires a pinch of salt; such coincidences seldom occur--Appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Shamim Akhtar, 28/30, hereinafter referred to as the deceased, was strangulated to death on 18-12-2006 at 2:00 p.m. in Chak No. 106/7-R, situating at a distance of 8-k.m. from Police Station Harrapa District Sahiwal; her husband Umar Daraz, appellant herein, along with his brother Nasir, acquitted co-accused was blamed for homicide. Zulfiqar Ahmad (PW-6) and Mehmood Ahmad (PW-7) claimed to have witnessed the occurrence; incident was reported by deceased's father Jahangir (PW-5) 1:05 p.m. at Hafiz Chowk through complaint Ex.PE recorded by Muhammad Hafeez, SI (PW-9) wherein it is alleged that he was in Lahore on the fateful day when his brother Zulfiqar Ahmad and collateral Mahmood Ahmad, on way back after visiting their crop, saw the appellant while strangulating the deceased with her Dopatta when Nasir co-accused stood by him; the witnesses informed the complainant on telephone. Immoral pursuits by the accused were ited as motive for the crime as the deceased exhorted them restraint. After taking initial investigative steps, the Investigating Officer dispatched the dead body…

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