Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Pure Food Ordinance, 1960

Section: 30,43

Law: Criminal Procedure Code (V of 1898)

Section: 342

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qanun-e-Shahadat (10 of 1984), Arts. 30 & 43---Criminal Procedure Code (V of 1898), S. 342---Qatl-i-amd---Admission---Consideration of proved confession affecting person making it---Statement of accused---Appreciation of evidence---Benefit of doubt---Un-witnessed incident---Failure to prove un-natural death---Effect---Accused was alleged to have strangulated his mother for her failure to pay the amount demanded by accused---Occurrence was un-witnessed as nobody had seen the accused while pressing the neck of the deceased---No marks of violence were noted by the medical officer on any part of the body of the deceased---Large number of symptoms which ordinarily pointed to asphyxia by throttling were missing such as tongue of victim being swollen, bitten by teeth, its protrusion and bleeding from ears due to rupture of blood vessels of tympanum---No ante-mortem injury was seen on hyoid bone of the deceased---Prosecution had failed to prove un-natural death of the deceased---Statement of accused recorded under S.342, Cr.P.C. could be treated as an admission and on the basis of admission, alone, accused person could not be awarded capital punishment because admission was only a relevant fact and not a proof by itself---Voluntary and true confession alone was a proof against the maker---Prosecution had not been able to prove the case against the accused beyond shadow of doubt---Appeal against conviction was accepted, in circumstances. Muhammad Ismail v. The State 2017 SCMR 713 ref. (b) Medical jurisprudence--- ----Asphyxia---Definition. Asphyxia or asphyxiation is a condition of severely deficient supply of oxygen to the body that arises from abnormal breathing. Asphyxia is something due to which many people die, and it is something the act of suffocation or smothering a victim until he can no longer breathe. Asphyxiation is defined as hypoxia/anoxia that is caused when respiratory function is hampered by interference with the mechanics of breathing. (c) Medical jurisprudence--- ----Appearances of deceased due to Asphyxia explained. The face is puffy and cyanosed, and marked with petechiae. The eyes are prominent…

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