Law: Pakistan Penal Code, 1860

Section: 302

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Injured witness--weapon not recovered--Appreciation of Evidence--Life imprisonment upheld--Prosecution case is primarily structured upon ocular account furnished by three PW’s--One being injured during the episode have furnished graphic details of the occurrence without being trapped into any serious narrative conflict--Questions of mistaken identity or substitution are the possibilities beyond comprehension--Investigating Officer failed to recover the weapons used during the occurrence, nonetheless, the failure does not tremor the prosecution case. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302--Acquittal of co-accused with a role vastly distinguishable as well as inconsequential appears to be inspired by a judicial caution and as such does not adversely impact upon the integrity of the charge. JUDGMENT Qazi Muhammad Amin Ahmed, J.- Indicted alongside Mehar Ali, since acquitted, for homicide as well as murderous assault, the petitioners were returned a guilty verdict by a learned Additional Sessions Judge at Kotri; convicted on multiple counts, they were sentenced to imprisonment for life with 10-years as well as 3-years rigorous imprisonment with a direction for payment of compensation, fine and Daman on coordinate charges with concurrent commutation, pre-trial period inclusive, vide judgment dated 05.12.2006, upheld by the High Court vide impugned judgment dated 10.11.2017. 2. According to the prosecution, on the fateful day i.e. 15.6.1998 at about 7:15 a.m. Rab Rakhio, 45, hereinafter referred to as the deceased, along with Khamiso Behlani (PW-4) was on way towards the Campus of Sindh University Jamshoro when the petitioners armed with guns accompanied by Mehar Ali, acquitted co-accused, carrying an hatchet, suddenly emerged from the bushes and soon after exhortation targeted the deceased and Khamiso Khan PW within the view of Haji Muhammad Siddique (PW-1) and Ali Sher (PW-2) who followed them at some distance. Deceaseds daughter Mst. Zareena was married with Ghulam Mustafa, who lived with his in-laws, disapproved by his father Haji Umar petitioner; the rancor is cited as a motive for the crime.…

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