Law: Pakistan Penal Code, 1860

Section: 302(b)/148/149

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/148/149--Conviction and sentence--Challenge to--Chance witness--Delay in post mortem--Acquittal of co-accused--Appreciation of evidence--Benefit of doubt and co-accused made indiscriminate firing with their respective pistols at deceased, which landed on different parts of his body--PW made dishonest improvement during his cross-examination by giving another reason for his presence at spot at relevant time--eye witnesses could not justify reason given by them for their presence at spot at time of occurrence--Delay in conducting post-mortem examination on body of deceased--The prosecution could not prove any motive against appellant and same was rightly disbelieved by trial Court--Co-accused has been acquitted by trial Court and Criminal Appeal filed against acquittal of said co-accused has already been dismissed by High Court--If same prosecution evidence is disbelieved qua one accused then said evidence cannot be believed against other accused without independent corroboration--Prosecution could not prove its case against appellant beyond shadow of doubt and appeal is allowed. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/148/149--Chance witness--Eye witnesses could not justify reason given by them for their presence at spot at time of occurrence--They are therefore, chance witnesses and as such their evidence is not free from doubt. 2015 SCMR. 1142; 2020 SCMR. 192; 2017 SCMR. 142 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/148/149--Delay in post mortem examination--Delay in conducting post-mortem examination on body of deceased is suggestive of fact that prosecution eye-witnesses were not present at spot at relevant time and said delay was consumed in procuring attendance of fake eye-witnesses. 2018 SCMR. 326; 2017 SCMR 54 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/148/149--Recovery--PFSA report--Empties and pistol were deposited together in office--The said report has been disbelieved. PLD 2008 SC 1 ref. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302(b)/148/149--Recovery--Deposited in police station--PFSA report--Empties and rifle were kept…

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