Law: Pakistan Penal Code, 1860

Section: 302(B)

Complaint-- ----Delay of 3 years--Complaint was filed after a period of three years which in normal circumstances may not be a serious consideration but if it is established that it was done with a purpose based on dishonesty, said delay shall be fatal for prosecution.[P. 574] A ‘Sifting grain from chaff’-- ----’Principle’--Evidence which has already been disbelieved as a whole in first round and partly in second round, how can be believed qua appellant--Principle of ‘sifting grain from chaff is no more applicable in Courts of Pakistan.[P. 574] C PLD 2019 SC 527. Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--In medical report no firearm but blunt injury was found on his body and that too on his head so in complaint he alleged first time that “S” gave an injury on his head with butt of Kalashnikov--Similarly on conducting post-mortem examination Injury No. 1 that was entry wound was too having blackening--In site-plan, appellant when made fire was at a distance of three Karam, whereas Nasir was at a distance of about four Karam which almost becomes near to 20-feet so how was it possible to have blackening on injuries of complainant and deceased--Serious contradictions between medical and ocular account has smashed prosecution’s case--Allegedly after specific fires, eight accused as a whole made reckless firing in ear but only six empties of Kalashnikov were found at crime scene--Discussion of recovery of weapons will be a futile exercise because on record there is only one repot of PFS (PH) showing that none of empties were fired from riffle 44-bore that was one of recoveries at instance of accused side--Prosecution has badly failed to prove its case--Appeal allowed.[Pp. 574, 575 576] B, D, E, F G 2007 SCMR 1812, 2014 SCMR 749. JUDGMENT Mureed Hussain (appellant) along with Nasir was tried in a private compliant filed by Zafar Iqbal (PW-5) and on conclusion thereof vide a judgment dated 06.07.2019 passed by the learned Additional Sessions Judge, Rajanpur he was convicted under Section 302(b), PPC and sentenced to imprisonment for life. He was also ordered to pay Rs. 100000/- (one lac) as compensation to the legal…

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