Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of the husband of the complainant by firing due to grudge of return of paternal cousin of the complainant---Record showed that in application for registration of case, no time of occurrence had been mentioned---Complainant lady had not mentioned any time of occurrence in her examination-in-chief---Inquest report showed brief history, time of occurrence as 10.00 a.m., whereas time regarding information of death had been mentioned in Column No. 3 of 1st page of inquest report as 12:30 p.m.---First page of post-mortem report, 12:30 (noon) had been mentioned as time of death---During cross-examination, Investigating Officer had stated that at 10:00 am, he was informed about occurrence by the Moharir and he reached at the place of occurrence at 10:45 a.m.---Said state of affairs, clearly established that neither prosecution was sure about exact time of occurrence nor could establish the same---Circumstances established that the prosecution had failed to prove charge against the accused beyond shadow of doubt---Appeal was allowed and accused was acquitted by setting aside convictions and sentences recorded by the Trial Court. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Place of occurrence was doubtful---Scope---Accused was charged for committing murder of the husband of the complainant by firing due to grudge of return of paternal cousin of the complainant---According to prosecution, place of occurrence was a house of another person remained in exclusive control and surveillance of complainant and other cited eye-witnesses after the occurrence till arrival of police, because as per claim of prosecution, accused fled away immediately from there, but no blood of deceased was secured from there---Availability of blood or any pellet/firing mark had not been found over there---Prosecution, claimed that dead body of the deceased remained there at place of occurrence for sufficient period, time between injury and death was immediate, death was due to hemorrhage i.e.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492