Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appeal against acquittal---Reappraisal of evidence---Inquest report---In the relevant column of inquest report "brief history of crime", nothing was mentioned regarding facts of the case despite the claim of prosecution that matter was reported to police within three hours of the occurrence---Such circumstance alone cast serious doubts about the veracity of prosecution case against the accused and the claim of the eye-witnesses to have witnessed the occurrence---Appeal against acquittal was dismissed. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appeal against acquittal---Reappraisal of evidence---Night occurrence---No source of light---Admittedly occurrence took place at night at 10.00 p.m---In the FIR complainant mentioned that at the time of occurrence there was no electricity due to loadshedding---No source of light had been mentioned in the site plan either---Appeal against acquittal was dismissed. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appeal against acquittal---Reappraisal of evidence---Recovery and motive---During the course of investigation, nothing was recovered from the accused and he was not even connected with the motive part of the prosecution story---In a separate trial, two co-accused persons who along with the accused were equally charged by the complainant with the allegation of firing at the deceased were acquitted by Trial Court and no appeal against their acquittal was filed by the complainant---Appeal against acquittal was dismissed. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, JUSTICE:---.--- Respondent Javed, after a regular trial, was convicted by the trial court under section 302(b), P.P.C. and sentenced to death, with direction to pay compensation of Rs.100,000/- to the legal heirs of deceased. He challenged his conviction and sentence before the Peshawar High Court, Peshawar by filing a criminal appeal, whereas a murder reference was sent by the trial court for confirmation of sentence of death or otherwise. Through the impugned judgment, the learned High Court allowed the criminal appeal of respondent, set aside his conviction and…

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