Law: Penal Code (XLV of 1860)

Section: 302(B)

Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Reappraisal of evidence---Default in payment of the money, appeared to have ignited a situation on the fateful day with no previous hostility---During the brawl, comprising of two episodes, both sides confronted each other---Two shotguns, one produced by the complainant and the second, recovered pursuant to a disclosure, spelled out a confrontation in close blank proximity; on the contrary, in scaled site plan inter se distance between the accused and the deceased was shown as 9-1/2 karam, a scenario that did not accommodate autopsy findings of burning surrounding each wound---Locale of fatal shot on the back of the deceased in a configuration where both sides were confronting each other face to face was yet another circumstance intriguing upon the prosecution story---Argument that the situation was acted out to write off the aftermaths of an obvious accidental shot did not appear to be unrealistic---Police official who investigated the case throughout painted a picture altogether different by projecting the accused being alone at the crime scene---Such investigation findings clearly suggested that occurrence did not take place in the manner as alleged in the crime report---In the totality of circumstances, prosecution had failed to bring forth proof beyond doubt---Appeal was allowed and accused was acquitted of the charge. JUDGMENT QAZI MUHAMMAD AMIN AHMED, J.--- Blamed for committing qatl-i-amd of Waris Ali, 24/25, the appellant accompanied by his sons, since acquitted, contested indictment before a learned Additional Sessions Judge at Bahawalnagar; convicted under clause (b) of section 302 of the Pakistan Penal Code, 1860, he was sentenced to death vide judgment dated 16.12.2011, altered into imprisonment for life vide impugned judgment dated 3.6.2015, vires whereof, are being assailed through leave of the Court. 2. The appellant had leased out his agricultural land on annual rent of Rs.130,000/- to Barkat Ali complainant (PW-4); a sum of Rs.30,000/- for the year 2010 to be paid in the month of November was yet outstanding when on the fateful day i.e. 23.6.2010 at about 7:15 a.m. the accused restrained…

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