Law: Penal Code (XLV of 1860)

Section: 302(B)

Pakistan Penal Code, 1860 (XLV of 1860)-- ----S. 302(b)--Conviction and sentence--Challenge to--Benefit of doubt--It was a pitched dark night occurrence and place of occurrence was not electrified--Claim of prosecution is that eye-witnesses had torches in their hands at time of occurrence but none of these torches was taken into possession during investigation, which makes claim of identity of assailants highly doubtful--It appears that this fact was maneuvered and added subsequently just to establish identity of accused--Motive behind occurrence was a quarrel between deceased and co-accused Arslan alias Zeshan Shani a few days prior to occurrence but no specific date, time, place, nature, mode and manner of quarrel was brought on record by prosecution--None of claimed eye-witnesses had ever claimed to have seen earlier incident of quarrel and even it was neither reported to police nor any Panchayat was convened to settle dispute--In absence of any independent source of corroboration, motive being words of mouth, remained unproved--What happened just before occurrence is a shrouded mystery--From evidence pro and contra, at conclusion that prosecution has failed to establish charge of murder against appellant beyond shadow of a reasonable doubt--Both witnesses of ocular account were chance witnesses and they could not establish their presence at venue of occurrence at odd hours of night in company of deceased--Unnatural conduct of claimed eye-witnesses by keeping themselves away only due to raising of alarm by accused, is hardly expectable from a real father and brother before whom their nearer and dear had been done to death by accused--Eye-witnesses explained and claimed to have visited house of Sammar Abbas prior to occurrence but they did not give any specific emergency or purpose to visit his house at odd hours of night and even prosecution withheld best piece of evidence of to establish link of claimed eye-witnesses to visit his house--Admittedly, it was a pitched dark night and no source of light except torches were mentioned by prosecution witnesses but no torch light was taken into possession during investigation, which missed link of identity of…

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