Law: Pakistan Penal Code, 1860

Section: 34,302

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302 & 34--Criminal Appeal against conviction & criminal appeal against acquittal--Criminal revision petition for enhancement of sentence--Acquittal of--Neither of two eye-witnesses and close relative of deceased mentioned in FIR, were either shown present at time of initial medical examination of deceased/complainant, then injured, immediately after he was brought to hospital for treatment and medical examination, or cited as witnesses to so-called 'dying declaration' of deceased/complainant, then injured--All above stated facts, discernable from record, would render FIR doubtful as a 'dying declaration--Neither house of deceased/ complainant had been shown in close proximity of scene of occurrence in site-plan, neither houses of these witnesses were shown somewhere near spot in site-plan--Deceased/complainant reported that he came out of house and was proceeding towards shop, shown in site-plan as that of Nazar Muhammad; but no such reason, or even any other reason was forthcoming for said two claimed eye-witnesses, who are son and father inter-se, and close relatives of deceased/complainant--Motive of dispute over trees, cited in FIR beside being not proved, also became doubtful--There was nothing incriminating to implicate appellant in case, warranting his conviction and award of sentences--Appellant acquitted against charges, criminal revision for enhancement of punishment becomes infructuous and dismissed--Appeal against acquittal is dismissed. 2018 PCr.LJ (Note) 66; 2016 PCr.LJ 836; 2016 PCr.LJ (Note) 36; 2016 PCr.LJ (Note) 90; 2015 MLD 690; 2003 PCr.LJ 1186 ref. THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, J.- This single judgment in the instant criminal appeal by Abdul Jabar, appellant, against his conviction and sentence of life imprisonment, with compensation of Rs. 300000/- payable to the legal heirs of the deceased under Section 544- A, Cr.P.C. awarded to him vide judgment/order dated 28.05.2015 by the learned trial Court/Additional Sessions Judge-V, Peshawar, is also directed to dispose of criminal revision No. 72-P/2015 for enhancement of the punishment awarded to the appellant in the…

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