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---Un-witnessed incident---Last seen evidence---Un-natural conduct---Scope---Accused was alleged to have murdered the minor son of complainant---Prosecution case mainly relied on last seen evidence as there was no eye-witness of the murder---Two of the prosecution witnesses had claimed that they had seen the deceased in the company of the accused and two unknown persons---Both the said witnesses in their cross-examination had stated that they did not go to accused persons house when they were searching for complainants son, which conduct was not in line with the behaviour which should have been of a man of ordinary prudence in the given situation---Both the witnesses had contradicted each other on material points and had stated that they did not know the accused---Sickle was recovered on the indication of accused during the course of investigation---Sickle was shown as the weapon used for cutting jugular vein of the victim but the Medical Officer in his cross-examination had stated that the injury could not have been caused by sickle as its cut was irregular as opposed to regular cut on the neck of deceased---Prosecution had failed to prove the charge against the accused beyond any reasonable doubt---Appeal against conviction was allowed, in circumstances. JUDGMENT CH. MUSHTAQ AHMAD, J.--- Through this criminal appeal Muhammad Nawaz appellant has challenged his conviction and sentence. He was tried by learned Additional Sessions Judge, Jaranwala for the offence under section 302, P.P.C. in case FIR No.816 dated 19.11.2009 registered at Police Station Khurrianwala District Faisalabad. On conclusion of trial, appellant was convicted vide judgment dated 30.01.2012 and sentenced as under:-- Convicted under section 302(b), P.P.C. and sentenced to undergo rigorous imprisonment for life with compensation under section 544-A, Cr.P.C. to the tune of Rs.1,00,000/-. Benefit under section 382-B, Cr.P.C. was extended to the appellant. 2. First Information Report was registered on the complaint made by Sadiq Ali (PW-6). Per prosecution, complainants son Faiz Meera aged about…

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