Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Pakistan Penal Code, 1860

Section: 148,302(b),324

(a) Constitution of Pakistan--- ----Art. 185(3)---Penal Code (XLV of 1860), S. 302(b)---Leave to appeal was granted by Supreme Court in order to reappraise evidence. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b) & 148---Qatl-i-amd and rioting armed with deadly weapons---Reappraisal of evidence---Benefit of doubt---Unexplained delay in postmortem examination---Effect---Motive, proof of---Benefit of doubt---Accused was convicted by Trial Court and sentenced to imprisonment for life---High Court partly allowed appeal filed by accused and set aside conviction and sentence awarded under S. 148, P.P.C.---Validity---Attribution of a specific injury to deceased having been caused by accused was a claim too tall to be accepted---Postmortem examination was conducted after about 19 hours of occurrence giving rise to an inference that time had been consumed by complainant party and local police for deliberations and for spreading of net wide so as to falsely implicate their adversaries---Two co-accused persons had already been acquitted by courts below and two of culprits who had opened assault and statedly caused specific injuries to deceased on his back had made themselves scarce and were declared proclaimed offenders--- Accused was not directly connected with motive setup by prosecution and noting was recovered from his custody during investigation and he was declared innocent---Courts below had wrongly concluded that prosecution had succeeded in proving its case against accused beyond reasonable doubt---Supreme Court extended benefit of doubt to accused, set aside conviction and sentence awarded by courts below and acquitted him of charge---Appeal was allowed. (c) Penal Code (XLV of 1860)--- ----Ss. 302(b), 324 & 148---Qatl-i-amd, attempt to Qatl-i-amd and rioting armed with deadly weapons---Reappraisal of evidence---Benefit of doubt---Firearm injury, specifying of---Accused was convicted by Trial Court and sentenced to death---High Court maintained conviction but death sentence was converted into imprisonment for life---Complainant was aggrieved of reduction in sentence awarded to accused by High Court---Validity---Causing of firearm injury by accused to…

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