Law: Pakistan Penal Code, 1860

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Accused party mounted an assault on the complainant side allegedly to settle a score with a witness for his alleged affair with the lady related to the accused side---As per prosecution's own case both parties were face to face, with the said witness present well within the view and reach of the accused side, but surprisingly they spared the said witness who was the prime target of assault---No other inference could be drawn from such circumstances other than that either said witness was not present at the scene or the occurrence took place in a backdrop other than asserted in the crime report---More intriguing was recovery of the alleged abductee who was abducted by the accused side---Said abductee claimed to have remained in captivity for twenty days, to settle score for what her brother had done to a lady from the accused side---Astonishingly no one from the accused side laid a finger upon the said lady despite being at their mercy, and she was returned unharmed---After having shed so much blood it was not understandable why the abducted lady was kept unhurt---Statement of alleged abductee was contradicted by the investigating officer, who stated that the alleged abductee rejoined her family on her own without intervention of the police---Once the genesis of prosecution case was found to be inherently suspect, loss of life notwithstanding, it was grievously unsafe to maintain the convictions in a case fraught with improbabilities---Appeal was allowed and convictions and sentence of the accused were set aside. (b) Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd--- Reappraisal of evidence--- Autopsy conducted belatedly without any explanation---Occurrence, statedly, took place at 8.15 p.m. however autopsy was conducted following day at 11.45 a.m.---Hypothesis of consultations/deliberations could not be ruled out during such interregnum---Appeal was allowed and convictions and sentence of the accused were set aside. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Tariq Mehmood, appellant was tried alongside Waseem Sajjad, Amjad Sardar, Israr Ahmad, Ghulam…

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