Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Appreciation of evidence--Acquittal of--Appellants stand convicted on three counts for committing qatl-e-amd three deceased--Spot inspection also belies hypothesis of hunting as only one .30 caliber pistol was found lying underneath dead body of deceased with nothing surrounding deceased--During investigation it was found that appellants, who in their self defence made firing, as a result of which, deceased died--massive changes in first version by not only graduating number of accused but also identifying them by their names; he cannot justify his somersaults by citing stress or trauma statedly endured by him before he made his first statement to Investigating Officer--Most agonizing and tormenting moments indeed, nonetheless, change in his earlier stance squarely spaces hypothesis of his absence from crime scene at relevant time--Supplementary statements, more often than not, are being employed as a convenient method to bring about desired changes initially omitted in crime report--Statement and subsequent supplementary statements are, thus, mutually destructive--Acquittal of co-accused assigned identical roles alongside appellants is yet another predicament confronting prosecution; after taking them on board through supplementary statement, prosecution cannot let them off to save its case qua appellants in face of rejection of its evidence to their extent--There is no independent corroboration and, thus, entire case is cast away, particularly in face of a non-specific motive with inconsequential recoveries--Prosecution case is fraught with doubts, deducible from its stated positions and, thus, it would be unsafe to maintain conviction--Criminal appeals are allowed; appellants are acquitted from charge. Ipsi dixit of police-- ----Ipsi dixit of police is not binding upon Court nor a subjective conclusion can override direct evidence, nonetheless, if found in totality in consonance with circumstances otherwise spelling out, cannot be ignored. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE---.--- Ameer Afzal and Abdul Hameed, appellants herein, are in…

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