Law: Penal Code (XLV of 1860)

Section: 302(b)

(a) Criminal trial--- ----Witness---Hearsay---Witness who did not see the occurrence and had raised fingers towards accused on the basis of information conveyed to them by a third person, such witness had merely deposed about crime without reference to real culprit. (b) Penal Code (XLV of 1860)--- ----S. 302(b)---Qatl-i-amd---Appreciation of evidence---Benefit of doubt---Unnatural death of wife---Husband failed to explain---Wife of accused was murdered in house and accused could not explain her death---Unnatural death of deceased inside the house of accused and his failure to discharge such onus, was intriguing---Such failure could not be equated to qualify as evidentiary certainty, essentially required in order to saddle accused with formidable corporal consequences after discarding remaining pieces of evidence relied upon by prosecution---Accused could not be convicted for alleged murder simply on the basis of supposition---Prosecution failed to prove charge against accused persons beyond reasonable doubt---High Court extended benefit of doubt to the accused husband, set aside conviction and sentence awarded by Trial Court and acquitted him of the charge---Appeal was allowed, in circumstances. (c) Criminal trial--- ----Abscondance--- Scope--- Mere absconsion of accused is not sufficient to sustain conviction---People avoid facing the process of law or their adversaries for a variety of reasons, not essentially inclusive of guilt. Nasrullah alias Nasro v. State 2017 SCMR 724 and Asad Khan v. State PLD 2017 SC 681 rel. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J.--- Mst. Bibi Gul Dasta met homicidal death in her home, situated at Mazai Adda, District Killa Abdullah: Wazir Muhammad son of Abdul Wajid, appellant herein, was blamed for the said crime by one Saifullah (PW-1), no other than his brother-in-law; domestic differences were cited as motive for the crime. The learned Sessions Judge, Killa Abdullah at Chaman, returned guilty verdict to the appellant and he was convicted under clause (b) of section 302 Pakistan Penal Code, 1898 (P.P.C) and sentenced to imprisonment for life as Tazir and fine Rs. 300,000/- under section 544-A, Code of Criminal Procedure (Cr.P.C.)…

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