Law: Pakistan Penal Code, 1860

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Both the deceased were done to death, nonetheless, how and under what circumstances, was a different question altogether---Circumstances spelt out a scenario diametrically incompatible with the case set up in the crime report---Best witnesses had not come forward and prosecution had elected to rely upon the witnesses, apparently with no business at the spot---On the whole, prosecution case did not fit within the ambit of probability---Accused was not expected to have participated in a session deliberating upon the virtues of his sister, that too, in the face of a person, accused of bringing disgrace to the family---Script was poor and complainant's subsequent deviation from his earlier stance was yet another dilemma confronting the prosecution---Delayed autopsies admitted a real possibility that occurrence was not reported at a point of time mentioned in the FIR---Prosecution case being fraught with doubts, it would be grievously unsafe to maintain the conviction of accused, without potential risk of error---High Court observed that, Human life, being most sacrosanct, no doubt, could not be taken away, on any account, save under due process of law---Extending benefit of doubt to accused, he was acquitted from the charge and was ordered to be released forthwith, in circumstances. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Yamin son of Yaseen, appellant herein, is in receipt of a guilty verdict, returned by a learned Additional Sessions Judge at Sadiqabad vide impugned judgment dated 26-03-2014; he stands convicted on two counts for committing Qatl-i-Amd of Muhammad Akbar, 29/30, and Mst. Irshad Mai, 35/36, hereinafter referred to as the deceased, with penalty of death on each along with compensation of Rs.100,000/- or to undergo six months rigorous imprisonment in the event of default; Allah Wasaya, co-accused is still away from law whereas Ghulam Akbar co-accused passed away during the trial. Liaqat Ali alias Pappu was acquitted from the charge. Prosecution case is founded upon application (Ex.PA) presented by Kamal Din(PW-1) to Sadiq Hussain,…

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