Law: Pakistan Penal Code, 1860

Section: 302

Law: Criminal Procedure Code (V of 1898)

Section: 342

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Conviction and sentences--Challenge to--Appreciation of Evidence--One lady also sustained fire-arm injury during occurrence and was medically examined--This fact not mentioned in FIR--Said lady not appeared in trial but appeared as PW in proceeding u/S. 512, Cr.P.C.--Lady had neither seen any person firing at her nor had charged any accused earlier and that she did not want to charge anyone--One PW is brother and other PW is son of deceased, but their names not mentioned in inquest report or post-mortem report--Create doubt about presence of witnesses--Prosecution unable to bring home charge against accused, who deserved to be extended benefit of doubt--Appeal accepted. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Motive--For commission of offence on part of accused was imputed not only against deceased but also against complainant PW. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 342--Motive--Deliberate or unintentional omission on the part of prosecution to ask question about Motive, being an incriminating piece of evidence from accused during recording his statement u/S. 342, Cr.P.C. would also render case of prosecution weak on this account. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Abscondence--Alone would not be a substitute for substantive evidence and can be used only as a corroborative piece of evidence--Absecondence of accused for considerable period would not strethten otherwise weak case of prosecution THIS JUDGMENT DELIVERED BY: QALANDAR ALI KHAN, JUSTICE:---.--- Convict-appellant, Shehriyar son of Maqbool Khan resident of Toru, Mardan, has lodged the instant appeal against the Judgment/Order dated 03.11.2016 of learned trial Court/Additional Sessions Judge-IV, Mardan, whereby, the appellant was found guilty of the offence and convicted under Section 302(b), PPC, and sentenced to the penalty of death. He was also made liable to payment of compensation of Rs. 500000/-, which on recovery was to be made to the legal heirs of the deceased as required under Section 544-A, Cr.P.C. The learned trial Court further directed that the amount of compensation shall be recoverable as…

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