Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)--- Qatl-i-amd---Reappraisal of evidence---Benefit of doubt---Presence of witnesses at scene of occurrence doubtful---Record of the case showed that accused operated with impunity in inflicting fatal blows to the deceased persons despite presence of numerous witnesses---One of deceased, who was attacked with a barber razor, was a young female with average-built, who could not be expected to be a static target offering no resistance---Razor commonly used by the barbers, given its moving handle instead of a fixed grip, was an instrument to be managed with some difficultly against a moving object; it risked the handler more than the intended target unless the victim stayed still like a stone, which possibility was beyond contemplation due to the presence of witnesses nearby to foil the attempt, including three able-bodied males in their youth---Inaction on part of said witnesses was mind boggling, a circumstance that in retrospect insinuated their absence at the scene---Two of the said witnesses, named conspicuously in the crime report failed to come forward to support the prosecution case---Prosecution had not come forward with the whole truth and that presented a situation which did not allow, in the absence of evidentiary certainty, to maintain conviction of accused without potential risk of error---Consequently, by extending benefit of the doubt, appeal was allowed and accused was acquitted of the charge. JUDGMENT QAZI MUHAMMAD AMIN AHMED, J.--- The appellant stands convicted for committing Qatl-i-amd of her sister-in-law Fareeda alias Pappa, 30, her brother Shabbir Ahmed, 25 and mother Jameela, 55/60 at 3:30 p.m. on 1.9.2004 within the precincts of Police Station City Dera Ghazi Khan. The learned Sessions Judge Dera Ghazi Khan vide judgment dated 09.06.2005 sentenced him to death on three counts of homicide within the contemplation of clause (b) of section 302 of the Pakistan Penal Code, 1860, altered into imprisonment for life on each vide impugned judgment dated 20.10.2010, vires whereof, are being assailed on a variety of grounds through leave by the Court. The incident was reported by Sagheer Ahmed (PW-9) related…

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