Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Qatl-e-amd--benefit of doubt--Recovery of letters and weapon of offence--Call data evidence--Extra-judicial confession--Evidence of wajtakkar--Last seen evidence--Medical evidence may confirm ocular evidence with regard to seat of injury, nature of injury, kind of weapon used in occurrence but it would not connect accused with commission of crime--One tainted piece of evidence could not corroborate another piece of tainted evidence because if this is allowed to be done then very necessity of corroboration would be frustrated--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 allowed.[P. 475] A, B C PLJ 2008 SC 687 and 2009 SCMR 1410. JUDGMENT Sadaqat Ali Khan, J.--Muhammad Imran Aamir (appellant) along with Muhammad Ramzan and Ghulam Abbas (accused since acquitted) have been tried by learned trial Court in case FIR No. 488 dated 17.10.2014 offences under Section 302/34, PPC registered at Police Station Alpa, District Multan, and was convicted and sentenced vide judgement dated 31.05.2017 as under:- Muhammad Imran Aamir (appellant) u/S. 302(b), PPCSentenced to DEATH as Ta’zir for committing Qatl-i-Amd of Muhammad Javed (deceased) with compensation of Rs. 200,000/- payable to legal heirs of deceased under Section 544-A, Cr.P.C. and in default thereof to further undergo 6-months S.I. 2. Appellant has filed this Criminal Appeal against his conviction, complainant has filed Crl. Appeal against acquittal of respondents/accused whereas learned trial Court has sent Murder Reference for confirmation of death sentence of Muhammad Imran Aamir (appellant) or otherwise, which are being decided through this single judgment. 3. Brief facts of’ the case have been stated by the complainant Muhammad Shoban (PW-8) in his statement before the learned trial Court, which is hereby…

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