Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--Offence of murder--It is a point of time most inappropriate for PWs to cut fodder, a reason cited by former for his presence in front of his house--It is incompatible with practice followed in a rural neighbourhood--Even if these multiple unusual factors are overlooked, inordinately delayed post-mortem examination cannot be lost sight of--Acquittal of co-accused, though not assigned any harm to deceased or any of PWs, nonetheless, given motive specifically revolving around him would also heavily reflect upon case inasmuch as it was his brother's murder that assailants sought to avenge; with his acquittal, entire prosecution case is cast away, as there is nothing on record as to why appellant would burden himself with a task to be more aptly carried out by co-accused--Except for seizure of blood, nothing was secured from spot to suggest deceased's presence there before she was fatally shot--Without entertaining defence plea with regard to antecedents of deceased, it can be safely concluded that occurrence did not take place in manner as alleged in crime report as well as for motive stated therein--Prosecution case is fraught with doubts; doubts that cannot be viewed as speculative or conjectural, on contrary deducible on basis of circumstances, structured in prosecution's stated positions, thus, it would be grievously unsafe to maintain conviction--By extending benefit of doubt--Appeal was allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.- Mst. Asia, 20, was gunned down on 14-5-2003 at 3:00 p.m. within the area of Chak No. 64/4-R, situating at a distance of 6-Kilometers from Police Station Noor Shah, District Sahiwal; the incident was reported by her mother Mst. Makhtoolan Bibi (PW-3) through statement (Ex.PC) recorded by Bashir Ahmad, ASI (PW-14), 5:00 p.m. at the spot; according to the complainant, on the fateful day, she alongside the deceased was present in her Baithak with open doors when all of a sudden, Shah Bahram appellant along with acquitted co-accused Zahoor Ahmad, armed with .12 caliber country made carbines, confronted…

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