Law: Criminal Procedure Code (V of 1898)

Section: 103,161,173,174,340(2),342,374,544A

Law: Qanun-e-Shahadat (10 of 1984)

Section: 39,129

Law: Pakistan Penal Code, 1860

Section: 302,302(b),365

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 374--Pakistan Penal Code, 1860 (XLV of 1860), S. 302 & 365--Conviction and sentence--Jail appeal against--Qatl-e-Amd of complainant's brother--Seeking confirmation or otherwise of death sentence--Fabricated and false case which revolves around statements of PWs--Fake proceedings for recoveries--Test identification parade--Held: When prosecution witnesses already same touches dead present case is of such knew about details and particulars of accused then for what purpose test identification parade was held. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 374--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302 & 365--Conviction and sentence--Jail appeal against--Qatl-e-Amd of complainant's brother--Capital charge--Fabrication of evidence-links in chain--Held: it is essential that Courts should deeply scrutinize circumstantial evidence because fabricating of such evidence is not uncommon and very minute and narrow examination of same is necessary to secure end of justice--It is imperative for prosecution to provide all links in chain, where on end of body and other, neck of accused--A nature that many links are missing in chain--It would not be wrong to observe that in this particular case, it can be said that there is no link, what to talk about a chain. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 374--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 302 & 365-- Conviction and sentence--Jail appeal against--Benefit of doubt--Held: It is settled principle of law that for giving benefit of doubt, it is necessary that there should be so many circumstances rather if only a single circumstance creating reasonable doubt in mind of a prudent; person is available then such benefit is to be extended to an accused, not as a matter of concession but as of right--Appeal accepted, sentence set aside and appellant acquitted of. 1996 SCMR 1553, 1998 SCMR 570, 1993 SCMR 550, 2015 SCMR 155, 2017 SCMR 2026, 2017 SCMR 898, 2018 SCMR 772, Ref. THIS JUDGMENT DELIVERED BY: SADIQ MAHMUD KHURRAM, J.- Allah Yar, appellant, was tried by the learned Addl. Sessions Judge, Hasilpur, in case FIR No. 84 of 2010 dated 12.03.2010…

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