Law: Pakistan Penal Code, 1860

Section: 302(b)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt did not like his wife upon which they had dispute and appellant wanted to contract a second marriage with some one else and due to this grudge, appellant committed the murder--Medical evidence furnished by the prosecution in this case through Lady Dr. (PW-10) has not supported the prosecution case in any manner--Occurrence in this case took place whereas, the FIR was lodged on the same day with the delay of 7½/6½ hours from the time of occurrence--Post-mortem examination was conducted on the dead body of the deceased--There is delay of 12 hours in conducting the post-mortem examination on the dead body of the deceased--Medical Officer has not mentioned the probable time that elapsed between the injuries and death and the time that elapsed between the death and post-mortem examination of the deceased--Occurrence in this case took place in the house of the appellant--Both the eye-witnesses were not residents of the village where the occurrence took place-- Conduct of the abovementioned eye-witnesses/ complainant party is highly unnatural in this case--Real sister of the deceased, being inmate of the house of occurrence was natural eye-witnesses of the occurrence. She was admittedly present in the house of occurrence at the time of occurrence but she has not been produced in the witness box by the prosecution--No proof of criminal or civil litigation has been produced in evidence by the prosecution to establish that there was any dispute between the appellant and the deceased--A piece of cloth has also been recovered on the pointation of the appellant but none of the prosecution’s eye-witnesses has stated that the appellant committed the murder of his wife with the help of a cloth or by strangulating her neck--Prosecution has failed to prove its case against the appellant beyond the shadow of doubt, accept the Criminal Appeal. [Pp. 384, 387, 388, 389, 391, 392, 393, 394 395] A, B, C, D, E, F, G, I, J, K, L M Chance Witness-- ----If a chance witness is unable to establish the reason of his presence at the spot at the time of occurrence then his evidence…

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