Law: Pakistan Penal Code, 1860

Section: 302(b)

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

Section: 38

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused was alleged to have been complicit in the murder of his daughter, who was allegedly strangulated to death by her brother and husband---No piece of evidence was found on record to even obliquely connect the accused with the crime---Evidence of discovery of dead body, in the wake of a disclosure, when examined in its totality also failed to sustain the charge inasmuch as it was prosecution's own case that the deceased was deceitfully taken to the venue where after she was murdered, and buried in a graveyard---In such circumstances it was intriguing as to why the co-accused persons after they had surreptitiously accomplished their purpose, disinterred the corpse, so as to dump it once again in a well---Witness of discovery of dead body, did not utter a single word about any disclosure---Volume and standard of evidence, even otherwise, was far from being sufficient to sustain the capital charge---Accused entered the witness-box on oath in disproof of the charge, and with vehemence, denied his complicity in the crime and prosecution encountered him merely with bald suggestions alone---In this backdrop, it would be grievously unsafe to maintain the conviction without potential risk of error---Petition was converted into appeal and allowed and the accused was acquitted of the charge. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Dad Muhammad, petitioner, indicted for being privy in the murder of Mst. Ayesha, no other than his real daughter, in connivance with his absconding son-in-law Muhammad Ismail alongside two other unknown culprits, was returned a guilty verdict by a learned Additional Sessions Judge at Kalat vide judgment dated 13.11.2009; convicted under Clause (b) of section 302 of the Pakistan Penal Code, 1860, he was sentenced to death, altered into imprisonment for life with pre-trial commutation, vide impugned judgment dated 25.4.2012 by a Division Bench of High Court of Balochistan, Quetta, vires whereof are being challenged with a delay of 30 days, condoned in the interest of justice in view of corporal consequences of the conviction. 2. It is alleged…

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