Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused was alleged to have murdered his wife in the matrimonial home---Trial Court convicted the accused under S. 302(b), P.P.C. and sentenced him to imprisonment for life, which sentence was affirmed by the High Court---Held, that the complainant, who was the deceased's father, had not himself witnessed the occurrence---Crime report was structured upon the complainant's strong belief that no one else other than the accused could be the possible assassin---Conviction of accused was based upon hearsay queries, most important being the one furnished by the complainant's second daughter, who was married in the same household---Said witness appeared in the witness box and pleaded ignorance about the culprit responsible for her sister's death, and merely deposed about the crime without reference to the assailant---Absconsion of accused and his belated plea of suicide even if rejected outrightly by themselves would not absolve the prosecution to drive home the charge on its own strength---Appeal was allowed and accused was acquitted of the charge of murder. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Art. 121---Qatl-i-amd of wife in matrimonial house---Reappraisal of evidence---Adverse presumption---Scope---Accused's reticence to satisfactorily explain as to what befell upon his wife in their matrimonial home, though somewhat intriguing, could not be equated to qualify as evidentiary certainty, essentially required in order to saddle him with corporal consequences---Failure to provide satisfactory explanation would not give rise to an adverse presumption within the contemplation of Art. 121 of the Qanun-e-Shahadat, 1984 and thus it would be grievously unsafe to maintain the conviction of murder against the accused---Appeal was allowed and accused was acquitted of the charge of murder. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Touheed Begum met homicidal death in her home; Wajahat, appellant herein, was blamed for the crime by Gul Daraz, PW, no other than his father-in-law; domestic differences were cited as motive for the…

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