Law: Pakistan Penal Code, 1860

Section: 302(b)

Law: Criminal Procedure Code (V of 1898)

Section: 410

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Criminal Procedure Code, (V of 1898), S. 410--Criminal appeal--Conviction and sentence--Challenge to--Benefit of doubt--Deadbody was lying on the cot in the Courtyard and there was blackish abrasion around his neck that suspected murdered by strangulation, while putting rope or cloth around his neck--Complainant made supplementary statement before police and raised suspicion that accused persons had committed the murder of deceased because it was the talk of the town that accused had illicit relations with appellant--Co-accused, who infact strangulated the deceased has since been acquitted of the charge and according to the prosecution, the appellant has only provided a dopatta for strangulation leaves no room for sustaining the impugned --No appeal against acquittal of co-accused has been filed by the complainant, thus same has attained finality to his extent--Benefit of doubt-Acquitted. Extra Judicial confession-- ----Extra Judicial confession is weak type of evidence and such like confession can easily be procured whenever direct evidence of crime is not available. Until and unless extrajudicial confession is not corroborated by any other independent piece of evidence, no reliance can be placed on and it would not be safe to maintain conviction of appellant on basis of such type of evidence. 2006 SCMR 231; 1996 SCMR 188; 2010 PCr.LJ 1730 and 2015 SCMR 155, ref. Expert evidence-- ----In absence of direct evidence, evidence of experts do not point finger towards the culprit, although the post mortem report confirms the death of the deceased and report of Chemical Examiner suggests the administration of poison to the deceased but cannot pinpoint the person who administered the same. THIS JUDGMENT DELIVERED BY: ANWAARUL HAQ PANNUN, JUSTICE---.--- Through this criminal appeal, the appellant has called in question the judgment dated 24.06.2011, passed in case/F.I.R. No. 490, dated 28.12.2010, offence under Section 302/34, PPC, registered at Police Station Kot Sultan, District Layyah, whereby while acquitting co-accused Muhammad Yameen, the appellant has been convicted under Section 302(b), PPC and sentenced…

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