Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Delayed post-mortem---Chance witness---Contradiction in medical and ocular evidence---Acquittal of co-accused on same set of evidence---Scope---Accused was alleged to have murdered two persons with the help of co-accused persons---Occurrence took place at 10:30 a.m. and although the FIR was recorded at 11:30 a.m. yet the postmortem of second deceased was conducted after a delay of about 14 hours of the occurrence---No time of postmortem examination of first deceased was mentioned in his postmortem report---Eye-witnesses, being chance witness, could not establish any valid and plausible reason regarding their presence at the time of occurrence---Eye-witness of second murder claimed that accused fired at the deceased which hit on her flank but postmortem examination did not show any firearm injury on her body---Two co-accused persons who were attributed effective role of inflicting injuries to the deceased person had been acquitted and there was no strong and independent corroboration against the accused---Accused/appellant could not be convicted on the same set of evidence---Prosecution had failed to prove its case against the accused---Appeal was allowed, in circumstances. Javaid Akbar v. Muhammad Amjad and Jameel alias Jeela and another 2016 SCMR 1241; Shahbaz v. The State 2016 SCMR 1763; Haroon Shafique v. The State and others 2018 SCMR 2118; Khalid Javed and another v. The State 2003 SCMR 1419; Mst. Sughra Begum and another v. Qaiser Pervez and others 2015 SCMR 1142; Shahbaz v. The State 2016 SCMR 1763; Zafar v. The State and others 2018 SCMR 326 and Azhar Iqbal v. The State 2013 SCMR 383 ref. Haroon Shafique v. The State and others 2018 SCMR 2118 and Altaf Hussain v. The State 2019 SCMR 274 rel. (b) Criminal trial--- ----Medical evidence---Scope---Medical evidence is only supporting type of evidence, which can tell about number, locale of injury and weapon used for causing the injuries but cannot tell about the author of the injuries. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Motive---Dishonest improvement--- Scope---Complainant's…

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