Law: Penal Code (XLV of 1860)

Section: 316

Penal Code (XLV of 1860)--- ----S. 316--- Qatl Shibh-i-Amd---Appre-ciation of evidence---Medical evidence--- Vasovagal attack---Complainant alleged that her husband died due to fist blows given to him by accused---Person who had suffered vasovagal attack was seldom saved because hardly there remained any time for his treatment---Doctor emphasized during his examination-in-chief that on the body of deceased neither external nor internal injuries were found---First Information Report had lost its value and authenticity as the same was ante-time and was not recorded till the inquest proceedings were made over by Investigating Officer---Such fact had seriously and adversely affected prosecution story and was sufficient to create a serious doubt about prosecution story that till the time of inquest proceedings FIR was not in existence---No reliance could be placed on such testimony to establish guilt of accused to form basis for conviction---High Court acquitted accused of the charge as prosecution failed to bring home charge against him---Appeal was allowed in circumstances. JUDGMENT AALIA NEELUM, JUSTICE:---.--- The appellant-Muhammad Ali alias Muhammad son of Ali Hassan, caste Kamboh, resident of Gali No.4 Malik alias Malu Lone Wali, Mohalla Raitan Wala, District Gujranwala, was involved in case FIR No. 832 of 2010, dated 31.10.2010, offence under Section 302 P.P.C., registered at Police Station Model Town, District Gujranwala and was tried by the learned Sessions Judge, District Gujranwala. The learned trial court seized with the matter in terms of judgment dated 28.08.2012 convicted the appellant under section 316, P.P.C. for committing ‘Qatl-Shibhi-Amd’ of Muhammad Yousaf deceased and sentenced to pay Diyat in the sum of Rs.2,532,073/- to the legal heirs of the deceased to their respective shares in inheritance. The appellant was also sentenced to undergo 10-years rigorous imprisonment as Tazeer. The benefit of section 382-B, Cr.P.C. was also extended in favour of the appellant. 2. Feeling aggrieved by the judgment of the learned trial court, the appellant has assailed his conviction through filing instant appeal bearing Criminal Appeal No.1607 of 2012. 3. The…

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