Law: Penal Code (XLV of 1860)

Section: 302(b),340(2)

(a) Criminal trial--- ----Circumstantial evidence---Scope--Circumstantial evidence must be of such a nature, where different pieces of evidence must make a chain of events, where one end of it touches the dead body and the other end the neck of accused---If such link is found missing, the whole chain will break down and no conviction can be recorded on such circumstantial evidence. Imran Alias Dullay v. The State 2015 SCMR 155; Azeem Khan v. Mujahid Khan 2016 SCMR 274 and Hashim Qasim v. The State 2017 SCMR 986 rel. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Extra-judicial confession of accused---Accused was charged for committing murder of her husband and two daughters by slitting their throats---Wife of the complainant deposed that in the hospital, the accused confessed committing murder of her husband and two daughters by firstly administering sedative injections in order to make them unconscious and then slitting their throats with a cleaver---Admittedly, at the relevant time the accused had not been arrested by the police personnel and was not in police custody, when he made extra-judicial confession before wife of complainant---During cross-examination, said witness stated that the accused was treated by the Medical Officer in the trauma center, who soon got well and that they remained in the hospital till evening---Said statement was nothing, but an extra judicial confession made by the accused soon after the occurrence, seemingly without any pressure and inducement---Defence had not disputed the unnatural death caused by sharp-edged weapon by slitting of throats---Medical evidence confirmed the circumstantial evidence of complainant, his wife and Investigating Officer, who took the dead bodies to the hospital, where Medical Officer conducted their postmortem and produced Medico-Legal Certificates of the deceased persons---Circumstances established that the prosecution successfully proved the indictment against the accused, which did not require to be meddled with---Appeal against the conviction was accordingly dismissed. (c) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of…

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