Law: Pakistan Penal Code, 1860

Section: 302,302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Qatl-e-Amd--Statement of PW confronted with the previous statement--Different opinion of the Investigating officer--Appreciation of evidence--Benefit of doubt--Acquittal of--the appellant along with co-accused, differently armed, trespassed into his home; attempted to forcibly take away a girl, upon family's resistance, the appellant fired upon deceased followed by a fire shot by co-accused--Ocular account furnished by PWs, One of them sustained injury, substantially extensive in nature--Occurrence took place inside a residential premises--Recovery of girl/PW; according to her, she remained in captivity for twenty days--after having shed so much blood why the lady was kept under immunity--Statement of said PW is contradicted by Inspector/CW, the investigating officer--In the witness box, she was confronted with her previous statement wherein she had blamed one hired assassin--The I.O. stated that said hired assassin was principally responsible for the crime--Autopsy was conducted following day--Trial Judge has not believed prosecution evidence qua majority of the accused--It grievously unsafe to maintain the convictions in a case fraught with improbabilities and positions, each self destructive. Conviction of the appellant is set aside and criminal appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Tariq Mehmood, appellant was tried alongside Waseem Sajjad, Amjad Sardar, Israr Ahmad, Ghulam Ali, Sikandar Hayat and Mst. Mehnaz Akhtar by a learned Additional Sessions Judge at Mandi Baha-ud-din for committing qatl-e-amd of Saif-ur-Rehman, deceased in addition to murderous assault on Farhan, PW and abduction of Mst. Tehmina Akram, PW; of them Ghulam Ali, Sikandar Hayat, Israr Ahmad and Mst. Mehnaz Akram were acquitted from the charge, whereas the appellant, Waseem Sajjad and Amjad Sardar were returned a guilty verdict. For homicide, the appellant was sentenced to death under clause (b) of Section 302 of the Pakistan Penal Code, 1860, whereas Waseem Sajjad and Amjad Sardar to imprisonment for life for being in the community of intention along with compensation of Rs. 100,000/- each; for…

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