Law: Pakistan Penal Code, 1860

Section: 34,302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 164,167,173,173(1),340(2),342,382B,410,5 44A

Penal Code (XLV of 1860)--- ----S. 302(b)---Criminal Procedure Code (V of 1898), Ss. 164 & 410---Qatl-i-Amd---Appreciation of evidence---Delayed confession---Forensic report, non-production of---Effect---Complainant was mother of deceased and lodged FIR against accused for committing Qatl-i-Amd of her son---Sole eye-witness of occurrence contradicted case of prosecution and appellant was kept in illegal confinement of more than 21 days instead of 14 days---On 17th day of the occurrence, not only his extra-judicial confession was recorded but he was also produced before the Magistrate and his confessional statement under S. 164, Cr.P.C. was recorded---After recording confessional statement, accused was further detained by investigating officer for further 4 days instead of his immediate shifting to judicial custody---No implicit reliance could be placed on confessional statement of accused---Prosecution failed to establish the death of deceased and despite recovery of crime weapon neither crime weapon was produced in court nor Forensic Science Laboratory report was obtained to affirm that same was in running condition---Prosecution failed to establish charge against accused through confidence inspiring evidence beyond shadow of reasonable doubt---Trial Court failed to extend benefit of doubt to the appellant---Judgment of Trial Court suffered from misreading, non-reading and mis-appreciation of evidence---Contradictions and dishonest improvements in testimonies of interested witnesses existed and independent corroboration lacked in material aspects---False implication of accused could not be ruled out---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of charge---Appeal was allowed. Wazir Muhammad and another v. State 2005 SCMR 277; State v. Minhun alias Gul Hassan PLD 1964 SC 813; Hakim Mumtaz and another v. The State PLD 2002 SC 590 and Tariq Pervaiz v. The State 1995 SCMR 1345 rel. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.--- This judgement disposes of Criminal Appeal No.417 of 2017 filed by the appellant Akhtar Muhammad son of Murad Han, against the judgement dated 12th December 2017 (hereinafter…

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