Law: Pakistan Penal Code, 1860

Section: 302,382B

(a) Penal Code (XLV of 1860)--- ----S. 302---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Ocular account not supported by medical evidence---Prosecution case was that the accused-appellant used to maltreat his wife and committed her murder by hanging her with cloth in the girder---FIR was lodged on the statement of father of the deceased---Ocular account was furnished by sole eye-witness, who stated that deceased was his niece and he went to the house of accused-appellant and had seen the accused maltreating the deceased and hanging her with a cloth in the girder and she died; did not intervene to stop the accused from hanging his niece--Testimony of said witness was not confidence inspiring for the reason that deceased being his niece he would not want her death to be classified as suicide---Witness had stated that he heard commotion and went to the house of accused; record showed that accused-appellant's house was at a distance of 455 feet from the noisy brick kiln, as such it was not believable that eye-witness had heard any commotion which made him go to the house of accused---Said factors showed that evidence of eye-witness was not confidence inspiring and unimpeachable and highly doubtful---Medical report of the deceased showed that death was caused by hanging which was suicidal in nature---Witness had deposed that accused took off the deceased's dupetta and used the same to hang her over the girder; in such a situation, deceased would have resisted and would have had fresh bruises on some parts of her body---Medical evidence had not revealed any fresh or old injuries/bruises or any recent acts of violence had been carried out against the deceased, even her hyoid bone in her neck was intact---Evidence of said witness had largely been corroborated by prosecution witnesses including complainant but they were not eye-witnesses and were informed about the incident by the sole eye-witness---Admittedly, such was hearsay evidence---Attending circumstances suggested that testimony of sole eye-witness could not be considered to be trustworthy, reliable or confidence inspiring---No other independent corroborative evidence was available on the basis of…

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