Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: Qanun-e-Shahadat (10 of 1984)

Section: 121

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Qanun-e-Shahadat Order, (10 of 1984), Art. 121--Conviction and sentence--Challenge to--Qatl-e-amd--Appreciation of evidence--Benefit of doubt--Acquittal of--The complainant has not himself witnessed the occurrence; crime report, is structured upon his strong belief that no one else other than the appellant could be the possible assassin--One furnished by his second daughter PW married in the same household--Her evidence is not of much benefit to the prosecution leaving in the field suspicion alone to sustain the charge--Appellant's belated plea of the suicide even if rejected outrightly by itself would not absolve the prosecution to drive home the charge, on its own strength--Appellant's belated plea of the suicide even if rejected outrightly by itself would not absolve the prosecution to drive home the charge--Appellant's reticence to satisfactorily explain as to what befell upon his better half under the same roof, though somewhat intriguing, however cannot be equated to qualify as evidentiary certainty, essentially required in order to saddle him with formidable corporal consequences; his failure would not give rise to an adverse presumption within the contemplation of Article 121 of the Qanoon-e-Shahadat Order, 1984--Thus, it would be grievously unsafe to maintain the conviction--Appeal is allowed. THIS ORDER PASSED BY: QAZI MUHAMMAD AMIN AHMED, J.- 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 crime. The learned trial Court returned guilty verdict to the appellant; he was convicted under clause (b) of Section 302 of Pakistan Penal Code and sentenced to imprisonment for life along side direction for payment of diyat to the tune of rupees six lacs to the legal heirs with benefit of Section 382-B of the Code of Criminal Procedure, 1898 vide impugned judgment dated 28.1.2010 affirmed by the learned Peshawar High Court vide judgment dated 13.2.2013, albeit with conversion of diyat into compensation. 2. Learned counsel for the appellant contends that…

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