Law: Penal Code (XLV of 1860)

Section: 302(b)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Incident occurred in a residential neighbourhood, located at a distance of 2-1/2 k.m. from the police station, witnessed amongst others, by a witness who claimed to have himself sustained multiple club blows on different parts of his body---Medico legal certificate of said witness was not on the record---Complainant had made no reference in the crime report to the injuries suffered by the said witness---Report to the police at a place other than police station confirmed a delay (in reporting the matter) for which no convincing explanation was offered---Autopsy of dead body of deceased was performed after a delay of 18-1/2 hours, despite availability of the medical officer---Said report revealed a solitary stab wound on the abdomen of deceased with no injuries on the head as attributed in the crime report to two co-accused persons, who had since been acquitted---Some of the co-accused persons despite being armed with pistols preferred to target the deceased with a non-conventional weapon---With a manifestly flawed ocular account, prosecutions failure on motive and recovery of weapon as well as co-accused persons grievously undermined its case vis- -vis the accused as well---Plea of accused that the occurrence did not take place in the manner as alleged in the crime report and that incident was subsequently reported by managed witnesses, could not be dismissed out of hand---Appeal was allowed and the accused was acquitted of the charge. JUDGMENT QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Indicted alongside Sajjad alias Shada, Abdul Wahid, Fakhar Iqbal and Shoukat Ali, since acquitted, the appellant was returned a guilty verdict by a learned Additional Sessions Judge at Kamalia; convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860 for committing Qatl-i-amd of Muhammad Imran, 22, at 7:00 p.m. on 22.11.2004 within the remit of Police Station City Kamalia, he was sentenced to death vide judgment dated 25.04.2007, maintained by the High Court albeit with alteration penalty of death into imprisonment for life vide judgment dated 13.06.2014, being impugned through…

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