Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qalt-e-amd--Benefit of doubt--When wife of appellant is found dead/murdered in his house and he does not satisfactorily explain circumstances of death, has no force because basic principle of criminal law is that it is burden of prosecution to prove its case against accused beyond reasonable doubt--This burden remains throughout and does not shift to accused, who is only burdened to prove a defence plea, if he takes one--Alleged unnatural death of appellant’s wife in his house may be a circumstance to be taken into account alongwith other prosecution evidence--However, this by itself would not be sufficient to establish appellant’s guilt in absence of any other evidence of prosecution connecting him to crime, which is missing in present case--Recovery of pistol P-5 alongwith license in name of appellant from possession of co-accused who has been acquitted, is not believable--Even otherwise, recovery of pistol in absence of positive report of PFSA regarding matching of crime empties with weapon of offence is inconsequential--Court entertain serious doubt in our minds regarding participation of appellant in present case--Held: It is settled principle of law that for giving benefit of doubt, it is not necessary that there should be many circumstances creating doubt--If there is a circumstance which creates reasonable doubt in prudent mind about guilt of accused, then he would be entitled to its benefit not as a matter of grace or concession, but as of right--Appeal was accepted. 2017 SCMR 564 and 2009 SCMR 230. JUDGMENT Sadaqat Ali Khan, J. Liaqat Ali alongwith Saifullah co-accused (since acquitted) has been tried by learned trial Court in case FIR No. 434 dated 23.06.2003 under Sections 302/34, PPC Police Station Factory Area, District Sheikhupura and was convicted and sentenced vide judgment 19.04.2004 as under: Liaqat Ali appellant u/S. 302(b), PPCSentenced to death for committing Qatl-i-Amd of Nadia Bibi deceased with compensation of Rs. 50,000/- payable to the legal heirs of deceased as arrears of land revenue. 2. Appellant has filed this criminal appeal against…

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