Law: Penal Code (XLV of 1860)

Section: 302/201/202/109/34

Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/201/202/109/34--Qatl-i-amd--Abetment--High court altered death sentence into imprisonment for life--Acquittal of--Appellants were second wife and step daughter of the deceased--Abetment under the said provision involves active complicity on the part of the abettor at a point of time prior to actual commission of offence--The abettor should substantially assist the principal culprit towards commission of offence--All the three ingredients of Section 107, PPC, which have been referred above, are missing in this case--Which could connect the appellants with the commission of the crime but except the voice message from the Whatsapp chat of the appellants and the principal accused, they could not point out anything--To establish the charge under Section 109, PPC, it is the duty of the prosecution to produce evidence of conclusive nature in order to prove the ingredients--Evidence produced by the prosecution in this case is unsatisfactory and is not sufficient to sustain conviction of the appellants--Conviction must be based on unimpeachable, trustworthy and reliable evidence--This appeal is allowed and the impugned judgment to the extent of the appellants is set aside--The appellants are acquitted of the charge. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/201/202/109/34--Qatl-i-amd--There are three stages in the commission of a crime, i.e. (i) the mental stage in which the crime is considered and determined upon, (ii) the preparatory stage, and (iii) the stage of execution. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/109/107--Qatl-i-amd--Abetment--Section 107, PPC reveals that three ingredients are essential to dub any person as conspirator i.e. (i) instigation, (ii) engagement with co-accused, and (iii) intentional aid qua that act or omission for the purpose of completion of abetment. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/109/107--Qatl-i-amd--Benefit of doubt--Any doubt arising in prosecution case is to be resolved in favour of the accused. Pakistan Penal Code, 1860 (XLV of 1860)-- ----Ss. 302/109/107--Qatl-i-amd--Benefit of doubt--It is better that 100 guilty persons should…

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