Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 382B

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Appreciation of Evidence--Acquittal of--On an election campaign, was interjected by an information about attempts for possession over a piece of land--Complainant was on wheel when he saw deceased, no other than his real brother, being hit with a gunshot; he prefers to flee from scene by speeding away vehicle, leaving his real brother in a most critical lurch, particularly when according to him, two other witnesses were inclined to de-board vehicle, possibly to rescue deceased--Witnesses are also discrepant on as to how deceased was shifted from venue to hospital--Held: An accused cannot be convicted merely on basis of allegations alone, no matter how well articulated or on touchstone of dogmatic and moralistic presumptions, unless charge fits within ambit of probability of events alleged by prosecution--There is no clue as to how deceased arrived at crime scene to meet his homicidal death except for an unverifiable piece of information from an obscure source; despite receipt of information well in advance, arrival of witnesses and deceased before arch rivals without any precaution is mind boggling--While human responses in a crisis situation cannot be viewed with an empirical exactitude, nonetheless, complainant's preference for safety while two others, distantly related with deceased, attempted to offer resistance, admit hypothesis that former was not present at crime scene, inducted subsequently to set up case being more trust-worthy reliable complainant, as a real brother; with his departure from scene, entire case is cast away, particularly in face of adverse investigative conclusions--On whole, prosecution case is not free from doubts and, thus, it would be unsafe to maintain conviction without potential risk of error--Criminal appeal is allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE---.--- Abdul Raheem, 70, henceforth referred to as the deceased, was running mate alongside Malik Abbas aspiring return from Union Council Bagga Sheikhan as Vice Chairman; on the fateful day i.e. 11.1.2014, he was campaigning with Malik Shoukat (PW-2),…

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