Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Nature of injuries---Proof---Prosecution through cogent and unimpeachable evidence could not explain beyond a reasonable doubt the existence of tattooing marks---Ocular account deposed by two witnesses was not corroborated by independent evidence rather it contradicted the material particulars---According to one prosecution witness deceased was fired at from a distance of one foot but the rest of evidence contradicted that stance---Presence of three sheep was also shrouded in mystery because their existence had not been established through reliable evidence---High Court set aside conviction and sentence awarded to accused by extending him benefit of doubt and acquitted him of the charge---Appeal was allowed in circumstances. Muhammad Ismail v. State 2017 SCMR 713; Mst. Rukhsana Begum v. Sajjad 2017 SCMR 596; Haleem v. State 2017 SCMR 709; Abdul Jabbar alias Jabbari v. State 2017 SCMR 1155 and Shahbaz v. The State 2016 SCMR 1763 ref. Muhammad Asghar alias Nannah and another v. The State 2010 SCMR 1706 rel. THIS JUDGMENT DELIVERED BY: ATHAR MINALLAH, CHIEF JUSTICE:---.--- Through this consolidated judgment, we shall decide Cr. Appeal No. 77 of 2015, titled 'Wasiq Nazir Satti v. The State' and, in addition, answer the Murder Reference No. 08 of 2015, titled 'The State v. Wasiq Nazir Satti'. Wasiq Nazir Satti s/o Capt. (Retd) Muhammad Nazir Satti (hereinafter referred to as the "Appellant") was charged for allegedly the commission of an offence under section 302 of the P.P.C. and on conclusion of the trial he was convicted and sentenced by the learned Additional Sessions Judge-III (East), Islamabad vide judgment, dated 14.04.2015, in the following terms: "as a sequel to the foregoing discussions, prosecution has brought home the charge of Qatl-i-amd of deceased Aamir Shahzad, committed by accused/Wasiq Nazir Satti, facing trial, in furtherance of common intention of absconding co-accused Muhammad Nazir Satti (since PO) by making three fire shots on deceased, on 17.10.2010, beyond reasonable shadow of doubt. Accused Wasiq Nazir Satti is therefore convicted under…

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