Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382-B,544-A

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Prosecution witnesses being not only related inter se, but also to the deceased, was to be evaluated with extra care and caution---Post-mortem of deceased was conducted with unexplained delay of about nine hours---Such delay gave rise to a legitimate inference that FIR was not registered as per the time mentioned in the FIR---Delayed post-mortem examination of dead body of the deceased, was suggestive of a real possibility regarding time having been utilized by complainant party and the Police in procuring and planting eye-witnesses and cooking up story of prosecution---Subsequent change of stance by the complainant and prosecution witness, was total deviation from the stance taken by the complainant in the FIR---Material improvements were noticed in the case as set out in the FIR---Such dishonest and deliberate improvements and change of stance made the witnesses unreliable and it appeared that they had not witnessed the occurrence---House of accused was surrounded by other houses, but none from surrounding houses came at the spot after hearing the fire shot coming from their neighbourhood---No reason/ motive was set, either in the FIR or in the statements of the witnesses asto what prompted the accused to commit the murder of the deceased---No witness from the locality had been associated---Sending of the empty after six days of arrest of accused, created doubt that empty was sent after concocting a story in order to strengthen the prosecution case---Prosecution, had sufficient opportunity to join any independent person from the locality in the recovery proceedings, but no attempt was made in that respect, which was violation of S.103, Cr.P.C.---Murder was blind and motiveless and prosecution could not connect accused with the commission of the crime without any shadow of doubt---Conviction andsentence of accused were set aside and he was acquitted of the charge and was ordered to be released forthwith, in circumstances. Abdullah and others v. The State and others 2006 PCr.LJ 1726; Muhammad Bilal v. The State 2006 YLR 2116; Saif Ali v. The State 2008 YLR 375; Misri and 3…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492