Law: Criminal Procedure Code (V of 1898)

Section: 222

Law: Penal Code (XLV of 1860)

Section: 302(b),311,201,149

Law: Anti Terrorism Act, 1997

Section: 7

(a) Criminal Procedure Code (V of 1898)--- ----S. 222---Framing of charge---Object, purpose and scope---Purpose of charge is to inform the accused of the case against him in the manner provided in the sections relating to charge so that the accused know precisely what they are being accused of offence and what time and place said offence occurred, so before the trial they are able to properly and adequately prepare a defence against the charge. S.A.K Rehmani v. State 2005 SCMR 364; Dur Muhammed v. State 1994 MLD 1493; Jaseem and 2 others v. The State 2008 YLR 717; Dilsher v. The State PLD 2012 Sindh 307 and Muhammad Hayat v. Sabir Sultan, Additional Sessions Judge and others 2004 PCr.LJ 397 rel. (b) Penal Code (XLV of 1860)--- ----Ss. 302(b), 311, 201 149---Anti-Terrorism Act (XXVII of 1997), S. 7---Qatl-i-amd, disappearance of evidence, unlawful assembly, act of terrorism---Appreciation of evidence---Benefit of doubt---Accused was charged for committing murder of two daughters of complainant due to domestic affairs and concealing their dead bodies---Record showed that admittedly there was no eye-witness to the murders---Admittedly, there was no last seen evidence---No recovery was made from accused in terms of any rope used to strangle the deceased---Motive of karo kari was not proved by any evidence at trial---Trial Court relied upon evidence of a jirga which settled the issue and was published in the newspapers---No evidence was produced at trial that any such jirga took place---No member of the jirga or anyone present at the jirga was produced as a witness---No newspaper clipping in that respect was exhibited and no TV footage to that effect was ever exhibited---Trial Court instead of relying on any evidence adduced at trial blindly believed the hearsay evidence of the Investigating Officer without any corroboration, who simply stated in his evidence that he came to know that the deceased were murdered on the allegation of karp, thus, the prosecution was not able through evidence to prove the very foundation of its case, namely the motive for killing the deceased on account of karo kari and accused had no motive to commit the murders---No evidence was…

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