Law: Penal Code (XLV of 1860)

Section: 302(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Penal Code (XLV of 1860)--- ----S. 302(b)---Constitution of Pakistan, Art. 185(3)---Qatl-i-amd---Leave to appeal, petition for---Incident was a night affair on fringe of the village population when according to the complainant he accompanied the deceased and the injured without any apparent purpose---Through a supplementary statement, unknown assailants were introduced by their names with specific roles---All co-accused were exonerated by the investigating officer and the complainant having found investigative conclusions inconsistent with the case set up in the crime report, preferred a private complaint which again resulted into failure except the petitioner-accused, who was convicted under S. 302(b), P.P.C.---Prosecution's failure qua majority of the accused persons, one of whom was indivisibly assigned identical role to that of petitioner; question of identity of the assailants in a moonlit night as mentioned in the crime report; an unanticipated encounter between the deceased and the injured with the assailants and inconsequential forensic report, all made out a case for reappraisal of evidence to ensure safe administration of criminal justice--- Leave granted. ORDER QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- From amongst a large array of accused, prosecuted through a private complaint after complainant's dissatisfaction with the investigative process, Fateh Sher, petitioner, alone was returned a guilty verdict in a case of homicide by a learned Additional Sessions Judge at Pindi Bhatian; convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860 vide judgment dated 01.8.2013, he was sentenced to death, altered into imprisonment for life by the learned High Court vide impugned judgment dated 12.3.2018,…

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